| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 78 |
| Hearing date | 7-Jul-16 |
| Determination date | 08 July 2016 |
| Member | Trish MacKinnon |
| Representation | C Mathieson, P Austin |
| Location | Hastings |
| Parties | Labour Inspector v Md Dara Miah Horticulture Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s failure to provide wage and time records – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;PENALTY: Respondent operated for significant period of time without recordkeeping complying with statutory requirements. Respondent’s conduct constituted serious and sustained breaches. Respondent remorseful and rectified inadequacies. Deterrence needed. $6,000 penalty appropriate.;COSTS: Inappropriate to award costs on daily tariff basis to in-house counsel. Respondent to pay $495 contribution towards travel costs. |
| Result | Applications granted ; Penalty ($6,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee)($495.86)(travel costs) |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s223;ERA s229;Holidays Act 2003 s81;Minimum Wage Act 1983 s8A;Minimum Wage Act 1983 Schedule 1AA |
| Cases Cited | Tan v Zhang [2014] NZEmpC 65, [2014] ERNZ 733;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_78.pdf [pdf 101 KB] |