| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 23 |
| Hearing date | 16-Feb-16 |
| Determination date | 16 February 2016 |
| Member | Michele Ryan |
| Representation | L Russell (in person) ; no appearance |
| Location | New Plymouth |
| Parties | Russell (Labour Inspector) v Walia Holdings 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 – No appearance for respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent failed to provide records pursuant to notice. Compliance ordered.;PENALTY: Respondent given repeated opportunities to remedy past omissions and was informed of consequences. Respondent assured applicant on two separate occasions that records would be provided. Respondent’s failure to provide records serious, ongoing and deliberate. Applicant’s ability to perform statutory duties undermined. Employees potentially vulnerable. Need for deterrence. $7,000 penalty appropriate. |
| Result | Applications granted ; Penalty ($7,000)(payable to Crown) ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s137;ERA s223(2);ERA s229(1);ERA s229(1)(d);ERA s229(3);ERA Second Schedule cl12;Holidays Act 2003 s82 |
| Cases Cited | Lakhera v Peniel Construction Ltd [2015] NZERA Christchurch 176;Norton v KRSVP Ltd [2015] NZERA Christchurch 122;Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Wellington_23.pdf [pdf 202 KB] |