| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 112 |
| Hearing date | 18-Nov-15 |
| Determination date | 18 November 2015 |
| Member | M B Loftus |
| Representation | C Milnes ; M Ford (in person) |
| Location | Gisborne |
| Parties | Brown (Labour Inspector) v Ford t/a M Contractors |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – PENALTY – Applicant sought penalty for failure to pay holiday pay, failure to provide compliant wage, time, holiday and leave records and failure to provide written employment agreements – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: Respondent failed to pay holiday pay. Respondent to pay applicant $19,445 arrears of holiday pay.;PENALTY: Respondent’s breaches serious, numerous and repeated, and occurred despite knowledge of legal requirements. Serious need for deterrence. Respondent failed to provide evidence of impecuniosity. $10,000 penalty appropriate.;COSTS: Two hour investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $1,200 contribution towards costs. |
| Result | Applications granted ; Arrears of holiday pay ($19,445.30) ; Penalty ($10,000)(payable to Crown) ; Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Wellington_112.pdf [pdf 93 KB] |