| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 188 |
| Hearing date | 24-Sep-15 |
| Determination date | 02 December 2015 |
| Member | Christine Hickey |
| Representation | E Light ; N Summers (in person) |
| Location | Christchurch |
| Parties | Hixon, Labour Inspector v Summers |
| Summary | PENALTY – Applicant sought penalty for respondent’s failures to provide employment agreements, keep holiday and leave records and pay final holiday pay – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;PENALTY: Respondent failed to keep adequate wages and time records but labour inspector cannot bring penalty for breaches of s 130. Respondent failed to keep holiday and leave records, provide agreements and pay final holiday pay. Breaches moderately serious and significantly impacted vulnerable employees. Failure to pay final holiday pay repeated breach. Respondent showed no remorse, need for deterrence. $2,550 penalty appropriate. |
| Result | Application granted ; Penalty ($2,550); Costs in favour of applicant ($900) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s130;ERA s130(4);ERA s135(1);ERA s135(2);ERA s229(1)(c);ERA s229(1)(c)(i);ERA s229(3);ERA s236;Holidays Act 2003 s23;Holidays Act 2003 s75;Holidays Act 2003 s81;Holidays Act 2003 s83 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 (EmpC);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Christchurch_188.pdf [pdf 248 KB] |