| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 386 |
| Hearing date | 22-Oct-15 |
| Determination date | 08 December 2015 |
| Member | Rachel Larmer |
| Representation | S Carr ; No appearance |
| Location | Whangarei |
| Parties | Ahomiro v Toki |
| Summary | PENALTY – Applicant sought penalties for respondent’s failure to provide written employment agreements, failure to keep holiday and leave records, failure to pay holiday pay and minimum wage and unlawful deductions from wages |
| Abstract | AUTHORITY FOUND –;PENALTY: Authority satisfied respondent committed alleged breaches. Respondent committed multiple breaches so need for deterrence. Respondent showed remorse, has taken steps to pay arrears, co-operated with applicant and tried to educate herself and others about employer obligations. Likelihood of similar reoffending minimal. Respondent unwell and unlikely to be able to pay large penalty. $2,000 penalty appropriate. |
| Result | Application granted ; Penalty ($2,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s65(4);ERA s135(2)(a);Holidays Act 2003 s23;Holidays Act 2003 s66;Holidays Act 2003 s75(1)(a);Holidays Act 2003 s75(2)(a);Holidays Act 2003 s75(2)(e);Holidays Act 2003 s77;Holidays Act 2003 s81;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s10;Minimum Wage Act 1983 s11;Wages Protection Act 1983 s5 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_386.pdf [pdf 158 KB] |