| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 369 |
| Determination date | 11 November 2016 |
| Member | E Robinson |
| Representation | T Wren ; N Bradley |
| Location | Auckland |
| Parties | Patangata and Anor v Kimiora Ltd |
| Other Parties | Fraser |
| Summary | COMPLIANCE ORDER – Applicants sought compliance with Authority determination – ARREARS OF WAGES AND HOLIDAY PAY – Applicants sought arrears of wages and holiday pay – PENALTY – Applicants sought penalty for failure to pay minimum wage |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent did not provide information to counteract applicants’ claims of holiday pay withheld. Compliance ordered.ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not consistently pay holiday pay with weekly pay. Respondent to pay first applicant $2,678 arrears of holiday pay and second applicant $2,071 arrears of holiday pay. Insufficient evidence provided to quantify applicants’ arrears of wages claims. Applicants directed to provide further information.PENALTY: Insufficient evidence provided to test whether applicants paid minimum wage. Applicants directed to provide further evidence. |
| Result | Application granted (compliance order) ; Compliance ordered ; Application partially granted (arrears of wages and holiday pay ) ; Arrears of holiday pay ($2,678.39)(first applicant)($2,071.10)(second applicant) ; No order for costs |
| Main Category | Arrears |
| Statutes | Holidays Act s14 ; Minimum Wage Act 1983 s6 ; Minimum Wage Order s4(a) |
| Cases Cited | Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522 ; Patangata v Kimiora Ltd [2016] NZERA Auckland 288 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_369.pdf [pdf 163 KB] |