| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 179 |
| Hearing date | 19-Oct-15 |
| Determination date | 19 November 2015 |
| Member | M B Loftus |
| Representation | C Milnes ; T Stallard |
| Location | Nelson |
| Parties | Maxwell (Labour Inspector) v Taste of Egypt Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s failure to pay minimum wage and public holiday pay, failure to provide annual leave and failure to maintain records - COSTS – Applicant sought contribution towards costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Applicant’s evidence vastly superior to respondent’s. Applicant’s claims accepted as proved. Respondent to pay applicant $64,559 arrears of wages. Interest payable;PENALTY: Respondent’s behaviour egregiously bad. Respondent denied statutory entitlements to employees even after being made aware of problems. Behaviour impacted on affected employees. Respondent tried to undermine applicant’s investigation with false evidence and threats made to intimidate witnesses. Strong need for deterrence. $20,000 penalty appropriate.;COSTS: Less than half day investigation meeting. Appropriate to award uplift in costs to recognise that applicant had to prepare for two day investigation meeting, cut short by respondent’s non-appearance. Respondent to pay applicant $3,5700 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($64,559.12) ; Interest (5%) ; Penalty ($20,000)(payable to Crown) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s130(1);ERA s132;Judicature (Prescribed Rate of Interest) Order 2011;Minimum Wage Act 1983 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_179.pdf [pdf 124 KB] |