| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 303 |
| Hearing date | 29-Sep-15 |
| Determination date | 29 September 2015 |
| Member | Eleanor Robinson |
| Representation | E Spence (In person) ; no appearance |
| Location | Tauranga |
| Parties | Spence (Labour Inspector) v Tamehana Horticulture Service Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – COSTS – Applicant sought contribution towards costs - No appearance for respondent |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to comply with Improvement Notice by not providing employment agreements, time and wage records and holiday records. Compliance ordered.;PENALTY: Breaches and failure to comply serious. Public policy considerations require employers to act responsibly in adhering to statutory imperatives. $6,000 penalty appropriate.;COSTS: Less than half day investigation meeting. Respondent to pay applicant $300 contribution towards costs. |
| Result | Applications granted ; Orders made ; Penalty ($1,500)(payable to third party)($4,500)(payable to Crown) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s136(2);ERA s137(1)(a)(iiib);ERA s223D;ERA s223F;ERA s229;ERA s229(2);ERA Second Schedule cl12;ERA Second Schedule cl15 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_303.pdf [pdf 158 KB] |