| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 292 |
| Hearing date | 25 & 26 August 2016 |
| Determination date | 26 August 2016 |
| Member | N Craig |
| Representation | M Urlich; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v Lotus Body Clinic Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for failure to comply with Improvement Notice– COSTS – Applicant sought contribution to costs – No appearance by respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to comply with requirement to provide compliant records or amended employment agreements. Compliance ordered.PENALTY: Need for deterrence. Employer did not try to calculate holiday pay properly. Failure to keep records put employees at risk of not receiving correct pay. Respondent given significant warning to rectify breaches. No indication of remorse. $7,000 penalty appropriate.COSTS: Two hour investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $800 contribution to costs. |
| Result | Applications granted ; Orders made ; Penalty ($7,000)(payable to Crown) ; Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iiib) ; ERA s223D ; ERA s223E ; ERA s223F |
| Cases Cited | Norton v KRSVP Ltd [2015] NZERA Christchurch 176 ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 ; Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_292.pdf [pdf 213 KB] |