| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 35 |
| Hearing date | 15-Dec-15 |
| Determination date | 18 March 2016 |
| Member | Trish MacKinnon |
| Representation | G La Hood ; C Griggs |
| Location | Wellington |
| Parties | Smith (Labour Inspector) v Shopperstop 1 Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES - Applicant sought recovery of premium for employment - PENALTY - Applicant sought penalty for respondent’s charging of premium, failure to pay minimum wages and holiday pay, and failure to provide wage and time records and holiday and leave records |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES AND HOLIDAY PAY - Respondent reconstructed wage and time records, applicant’s evidence preferred. Respondent failed to pay applicant minimum wage. Respondent conceded it failed to pay annual leave entitlements. Respondent failed to pay applicant for public holidays and alternative holidays. Respondent to pay applicant $8,412 arrears of wages. Respondent to pay applicant $10,383 arrears of holiday pay.RECOVERY OF MONIES: Respondent charged applicant lump sum and ongoing premium. Respondent to pay applicant $20,076 recovery of monies.PENALTY: Respondent deliberately took advantage of vulnerable migrant worker. Breaches serious and sustained. No evidence of respondent’s remorse. Deterrence necessary. $15,000 penalty appropriate. |
| Result | Applications granted ; Arrears of wages ($8,412.75) ; Arrears of holiday pay ($10,383.96) ; Recovery of monies ($20,076) ; Penalty ($15,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s130(1) - ERA s132(2)(b) - ERA s174C(4) - s174C(3)(b) - Holidays Act 2003 s27(2) - Holidays Act 2003 s50(1) - Holidays Act 2003 s56(2) - Holidays Act 2003 s81 - Holidays Act 2003 s81(2) - Holidays Act 2003 s83 - Minimum Wage Act 1983 s6 - Minimum Wage Act 1983 s11 - Wages Protection Act 1983 s12A(2) - Wages Protection Act 1983 s13 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_35.pdf [pdf 130 KB] |