| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 383 |
| Hearing date | 10-Nov-16 |
| Determination date | 22 November 2016 |
| Member | A Fitzgibbon |
| Representation | A Dumbleton ; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v Just Kebab Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for failure to pay minimum wage and holiday pay and failure to keep records – COSTS – Applicant sought $500 contribution to costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s evidence showed more than likely that respondent failed to pay minimum wage and holiday pay. Respondent to pay applicant $28,262 arrears of wages and $5,398 arrears of holiday pay. Interest payable;PENALTY: Respondent failed to pay minimum wage and holiday pay, and failed to keep holiday, leave, wage and time records. $40,000 penalty appropriate.;COSTS: 2 hour investigation meeting. Respondent to pay applicant $500 contribution to costs. |
| Result | Applications granted ; Arrears of wages ($28,262.50) ; Arrears of holiday pay ($5,398.92) ; Interest (5%) ; Penalty ($20,000)(payable to Crown)($20,000)(payable to employee) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)($953.88)(witness expenses) |
| Main Category | Arrears |
| Statutes | ERA s130;ERA s135;ERA s136(2);ERA s174E;ERA Second Schedule cl6;ERA Second Schedule cl11;ERA Second Schedule cl12;ERA Second Schedule cl15(1);Minimum Wage Act 1983 s6;Holidays Act 2003 s27;Holidays Act 2003 s50;Holidays Act 2003 s56;Holidays Act 2003 s60;Holidays Act 2003 s81; Judicature Act 1908 s87(3) |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143;Fagotti v Acme Ltd [2015] NZEmpC 135;O’Shea v Pekanga o Te Awa Farms Ltd [2016] NZEmpC 19;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Auckland_383.pdf [pdf 338 KB] |