| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 222 |
| Determination date | 16 December 2016 |
| Member | D Appleton |
| Representation | C English ; J Goldstein |
| Location | Christchurch |
| Parties | Labour Inspector v Bahn Thai Restaurant Ltd |
| Summary | PENALTY- Applicant sought penalty for failure to provide written employment agreements, failure to keep holiday and leave records and failure to keep wage and time records |
| Abstract | AUTHORITY FOUND –PENALTY: 33 breaches of relevant legislation identified. Not appropriate to globalise breaches. Breaches deliberate, serious, impacted employees and affected applicant’s investigation. Respondent tried to rectify breaches. Respondent unlikely to be able to pay large penalty. $25,000 penalty appropriate. |
| Result | Application granted ; Penalty ($25,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s65(1) ; ERA s130 ; ERA s135(4A) ; Holidays Act 2003 s23 ; Holidays Act 2003 s27 ; Holidays Act 2003 s49 ; Holidays Act 2003 s50 ; Holidays Act 2003 s56 ; Holidays Act 2003 s75 ; Holidays Act 2003 s75(2)(e) ; Holidays Act 2003 s81 ; Holidays Act 2003 s83 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Christchurch_222.pdf [pdf 287 KB] |