| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 19 |
| Hearing date | 19-Nov-15 |
| Determination date | 18 January 2016 |
| Member | Andrew Dallas |
| Representation | A Dumbleton ; B Darvish |
| Location | Auckland |
| Parties | Ingham (Labour Inspector) v Chargrill Burgers Ltd |
| Summary | JURISDICTION - Whether individual (“K”) in employment relationship with respondent - PENALTY - Applicant sought penalty for respondent’s breach of Holidays Act 2003 - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Relevant evidence suggested employment relationship existed at material time. K employed by respondent.;PENALTY: Applicant proved on balance of probabilities respondent failed to pay holiday pay. Respondent previously subject to Authority determination about enforcement of employment standards. Respondent previously issued with compliance order. K modestly paid and deprived of minimum entitlements. Respondent intransigent and only paid outstanding entitlements after enforcement action commenced. $8,000 penalty appropriate.;COSTS: Applicant sought one tenth of daily tariff. Amount sought fair and reasonable. Respondent to pay applicant $350 contribution towards costs. |
| Result | Applications granted ; Penalty ($8,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs in favour of applicant ($350) |
| Main Category | Penalty |
| Statutes | ERA s161(1)(m)(iii) - Holidays Act 2003 s25 - Holidays Act 2003 s50 - Holidays Act 2003 s56 - Holidays Act 2003 s60(2)(b)(i) - Holidays Act 2003 s75(1)(b) - Holidays Act 2003 s75(2)(a) - Holidays Act 2003 s75(2)(c) - Holidays Act 2003 s75(2)(e) - Holidays Act 2003 s76 - Holidays Act 2003 s76(5) - Holidays Act 2003 s81 - Holidays Act 2003 s82 |
| Cases Cited | Credit Consultants Debt Services NZ Ltd v Wilson [2007] ERNZ 252 (EmpC);Labour Inspector (Ministry of Business, Innovation & Employment) v Civic City Ltd t/a Civic Convenience [2013] NZERA Auckland 385;Otago Hotel etc IUOW v Pacific Park Motor Inn Ltd (t/a Pacific Park Dunedin) [1989] 1 NZILR 175 (LC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);R v Bradley [1979] 2 NZLR 262 (CA);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC);Zonneveld v Maudaara Ltd [2015] NZERA Christchurch 99 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_19.pdf [pdf 267 KB] |