| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 8 |
| Hearing date | 26-Jan-16 |
| Determination date | 28 January 2016 |
| Member | Helen Doyle |
| Representation | A McIlroy ; D Higinbottom |
| Location | Christchurch |
| Parties | Lakram (Labour Inspector) v Danmel Fram Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with notice requiring production of wage, time and holiday records - PENALTY – Applicant sought penalty for failure to comply with requirements of Labour Inspector – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Records provided did not meet statutory requirements. Respondent unable to provide holiday records. Order limited to provision of pay slips and employment agreement. Compliance ordered.;PENALTY: Breach may have result from genuine misunderstanding about requirements. Applicant unable to conclude whether compliance with minimum standards due to inadequacy of records. Employees potentially vulnerable. Need for deterrence. Respondent in difficult financial state. $2,700 penalty appropriate.;COSTS: One hour investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $583 contribution towards costs. |
| Result | Applications granted ; Orders made ; Penalty ($2,700) ; Costs in favour of applicant ($583.33) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Compliance Order |
| Statutes | ERA s130;ERA s137;ERA s223D;ERA s229;ERA s229(1);ERA s229(1)(c); ERA s229(1)(d);ERA s229(3);ERA s229(4);Holidays Act 2003 s81;Holidays Act 2003 s82;Minimum Wage Act 1983 s8A(1);Minimum Wage Act 1983 s8A(1)(h) |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_8.pdf [pdf 193 KB] |