| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 113 |
| Determination date | 13 April 2016 |
| Member | Rachel Larmer |
| Representation | A Skadiang ; G Pollak |
| Location | Auckland |
| Parties | Labour Inspector (Liu) v Ken Yakitori Howick (2004) Ltd |
| Summary | PENALTY – Applicant sought penalty for failure to provide wage and time records, failure to keep holiday and leave records, failure to provide written employment agreements and failure to pay minimum wage |
| Abstract | AUTHORITY FOUND –;PENALTY: Respondent admitted breaches. Breaches serious and interfered with employees’ minimum statutory entitlements. Breaches allowed respondent to gain commercial advantage over competitors. Important need for deterrence. Respondent cooperated with applicant and expressed remorse. $4,500 penalty appropriate. |
| Result | Application granted ; Penalty ($4,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s65(4);ERA s130(1);ERA s135(4A);Holidays Act 2003 s75(2)(a);Holidays Act 2003 s75(2)(e);Holidays Act 2001 s 81;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s10 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_113.pdf [pdf 154 KB] |