| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 100 |
| Hearing date | 21/09/2015 |
| Determination date | 15 August 2016 |
| Member | Mike Loftus |
| Representation | C Milnes; S Hughes |
| Location | New Plymouth |
| Parties | Labour Inspector v Marx & Anor |
| Other Parties | Roberts |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for failure to provide written employment agreements (“EAs”), failure to keep written EAs, failure to keep time and wage records, failure to pay minimum wage, failure to maintain time and wage records and failure to pay alternate holidays |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Insufficient evidence to determine applicant’s claims. Respondent’s evidence more compelling. Parties directed to further discussions about amount owed.;PENALTY: Failures conceded. Need to encourage keeping of accurate records. Failure to pay monies owed serious breach. Need for deterrence. $23,000 penalty appropriate. |
| Result | Application granted (penalty) ; Penalty ($23,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s64;ERA s64(4);ERA s65;ERA s65(4);ERA s132;ERA s132(1);ERA s132(2);ERA s174C(3);ERA s174C(4);ERA s223D;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s8A(1)(g);Minimum Wage Act 1983 s10;Holidays Act s50;Holidays Act s56;Holidays Act s60(2)(b);Holidays Act 2003 s81 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Wellington_100.pdf [pdf 163 KB] |