| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 104 |
| Determination date | 08 July 2016 |
| Member | David Appleton |
| Representation | G La Hood ; A Rohit |
| Location | Christchurch |
| Parties | Labour Inspector v Discount Food Warehouse Ltd |
| Summary | PENALTY – Applicant sought penalties for respondent’s failure to keep wage, time, holiday and leave records, failure to provide annual leave, failure to pay public holiday pay, failure to provide alternative holidays and failure to comply with Enforceable Undertaking |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent admitted failure to keep records. Failure led to underpayment of employees in respect of minimum entitlements. Respondent did not complete actions required by Enforceable Undertaking within agreed deadline. Breaches of Holidays Act systematic. Affected employees likely to be vulnerable. Extent of remorse unknown but respondent rectified breaches. Breach serious. Need for deterrence. $3,500 penalty appropriate. |
| Result | Application granted ; Penalty ($3,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s130 ; ERA s135(2)(b) ; ERA s223C ; Holidays Act 2003 s16 ; Holidays Act 2003 s18 ; Holidays Act 2003 s49 ; Holidays Act 2003 s50 ; Holidays Act 2003 s56 ; Holidays Act 2003 s75 ; Holidays Act 2003 s81 ; Holidays Act 2003 s83 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 ; Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Christchurch_104.pdf [pdf 151 KB] |