| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 198 |
| Determination date | 02 November 2016 |
| Member | D Appleton |
| Representation | T Clark, A McIlroy ; D Higinbottom |
| Location | Christchurch |
| Parties | Labour Inspector v Danmel Farm Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent’s failure to keep wages and time records, and holiday and leave records - Respondent previously penalised for failure to provide records to Labour Inspector |
| Abstract | AUTHORITY FOUND -PENALTY: Respondent’s failure to keep records had caused previous failure to provide records. Not just to impose further penalty for the same wrong. Respondent no longer in business. No penalty. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Penalty |
| Statutes | ERA s130 - ERA s130(1)(h) - ERA s130(4) - ERA s229- ERA s229(1) - ERA s229(1)(c) - ERA s229(1)(d) - ERA s229(3) - Holidays Act 2003 s75 - Holidays Act 2003 s75(2) - Holidays Act 2003 s75(2)(e) - Holidays Act 2003 s81 - Holidays Act 2003 s81(2) - Holidays Act 2003 s82 - Holidays Act 2003 s83 - Minimum Wage Act 1983 s8A - Minimum Wage Act 1983 s8A(1)(h) - Minimum Wage Act 1983 s10 - New Zealand Bill of Rights Act 1990 s26(2) |
| Cases Cited | Lakhera v Danmel Farm Ltd [2016] NZERA Christchurch 8;Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 73 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_198.pdf [pdf 150 KB] |