| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 176 |
| Hearing date | 12-Nov-15 |
| Determination date | 19 November 2015 |
| Member | Peter van Keulen |
| Representation | A McIlroy ; No appearance |
| Location | Blenheim |
| Parties | Norton (Labour Inspector) v KRSVP Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with improvement notice - Improvement notice required respondent to provide written employment agreements which contained mandatory provisions, and keep and produce time and wage records - PENALTY - Applicant sought penalty for respondent’s failure to comply with improvement notice and failure to comply with earlier notice to provide wage and time records - No appearance for respondent |
| Abstract | AUTHORITY FOUND -COMPLIANCE ORDER: Compliance order not required as clear that respondent currently operating wage and time records twelve months old. Application dismissed.PENALTY: Two separate penalties not appropriate as improvement notice covered earlier notice to provide time and wage records. Many opportunities for respondent to comply. Breaches ongoing. Breach serious as Labour Inspector prevented from fulfilling duties. Workers vulnerable. Little remorse. Respondent claimed being wound down despite Companies Register indicating otherwise. $7,500 penalty appropriate. |
| Result | Application granted (penalty) ; Penalty ($7,500)(payable to Crown) ; Application dismissed (compliance order) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137 - ERA s137(1)(a)(iiib) - ERA s223D - ERA 223F(2) - ERA s229(1)(c) - ERA Second Schedule c12 |
| Cases Cited | Norton v NZX3 Vineyard Contractors Ltd [2015] NZERA Christchurch 91;Lakhera v Peniel Construction Ltd [2015] NZERA Christchurch 122;Russell v Dentice Facilities Management (2011) Ltd [2015] NZERA Wellington 94;Spence v Tamehana Horticulture Service Ltd [2015] NZERA Auckland 303;Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Christchurch_176.pdf [pdf 177 KB] |