| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 368 |
| Hearing date | 9-Nov-16 |
| Determination date | 09 November 2016 |
| Member | T Tetitaha |
| Representation | M Denyer ; S Eden |
| Location | Auckland |
| Parties | Labour Inspector v NZ Contracting Ltd |
| Summary | PENALTY – Applicant sought penalties for failure to provide written employment agreement and keep holiday and leave records – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent failed to provide written employment agreement to employee and produced incomplete and non-compliant records. Failure to provide written employment of minimal seriousness. Failure to provide records more serious. No evidence of impact on employees. Failure to provide records left employees vulnerable to abuse. No need for deterrence. One-off situation. $500 penalty appropriate.COSTS: Half day investigation meeting. Modest award of costs appropriate to reflect partial success of application and use of in-house counsel. Respondent to pay applicant $1,000 contribution to costs. |
| Result | Application granted ; Penalty ($500)(payable to Crown) ; Costs in favour of applicant ($1,000) |
| Main Category | Penalty |
| Statutes | ERA s65 ; ERA s135 ; ERA s135(4) ; ERA s136(2) ; ERA s229 ; ERA s229(1)(d) ; Holidays Act 2003 s81 |
| Cases Cited | Dyer v Beauty Management Riccarton Ltd ERA Christchurch CA91/10, 16 April 2010 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_368_amended.pdf [pdf 107 KB] |