| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 200 |
| Determination date | 15 December 2015 |
| Member | Peter van Keulen |
| Representation | C Milnes ; J Behrnes |
| Location | Christchurch |
| Parties | Kim (Labour Inspector) v Lao Di Fang Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of enforceable undertaking and breach of Wages Protection Act 1983 |
| Abstract | AUTHORITY FOUND –;PENALTY: Respondents accepted arrears owed, and made payments. No breach of enforceable undertaking. Written consents did not legally authorise deductions made. Respondents breached Wages Protection Act 1983. Breach inadvertent, was agreed to by employees did not have much impact on employees and employer remorseful. Employer remedied failings. No need for deterrence. No penalty. |
| Result | Application dismissed; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s135(1)(c);ERA s137(1)(a)(iiia);ERA s174E;ERA s229;Holidays Act 2003 s22;Holidays Act 2003 s86;Wages Protection Act 1983 s2;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act s13(b) |
| Cases Cited | Drake Personnel (NZ) Ltd v Taylor [1996] 2 NZLR 644, [1996] 1 ERNZ 324 (CA) |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_200.pdf [pdf 243 KB] |