| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 74 |
| Determination date | 20 March 2017 |
| Member | V Campbell |
| Representation | A Skadiang ; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v Hua Star Homes Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for failure to comply with Improvement Notice – No appearance for respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to comply with Improvement Notice. Compliance ordered.PENALTY: One breach only. Breach less serious and first recorded instance of breach by respondent. Unknown impact on employees. Employees not vulnerable. Need for deterrence. $5,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($5,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s65 ; ERA s130 ; ERA s174E ; ERA s223F ; ERA Second Schedule cl12 ; EAR R8(3) ; Holidays Act 2003 s49 ; Holidays Act 2003 s81 ; Minimum Wage Act 1983 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_74.pdf [pdf 114 KB] |