| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 31 |
| Hearing date | 9-Dec-16 |
| Determination date | 08 March 2017 |
| Member | C Hickey |
| Representation | A Gallagher, G Hall ; J Goldstein |
| Location | Christchurch |
| Parties | A v Raelene and Dean Rees Partnership t/a Rees Accounting |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Not appropriate to re-credit applicant with days worked while on annual leave as applicant paid twice for those hours. Respondent directed to calculate whether applicant paid all holiday pay including hours worked while on leave. Applicant did not request to be paid out any annual holiday entitlements. Respondent incorrectly paid out some annual leave. Respondent did not pay applicant all minimum entitlements under Holidays Act, in breach of ROS. Compliance ordered. Interest payable.PENALTY: One breach only. Breach not too serious. Some harm to applicant. No remorse expressed. No financial evidence regarding respondent’s ability to pay. $3,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($1,500)(payable to applicant) ($1,500)(payable to Crown) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s3(a)(v) ; ERA s132 ; ERA s133 ; ERA s133A ; ERA s135(2)(a) ; ERA s135(2)(b) ; ERA s136(2) ;ERA s137 ; ERA s149(4) ; ERA s174E(b)(ii) ; ERA Second Schedule cl10 ; ERA Second Schedule cl11 ; Holidays Act 2003 s3 ; Holidays Act 2003 s24(2) ; Holidays Act 2003 s27(1)(b) ; Holidays Act 2003 s28A ; Holidays Act 2003 s28B(2) ; Holidays Act 2003 s28C ; Holidays Act 2003 s28D ; Judicature Act 1908 s87(3) ; Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Begum v Saiyad Enterprises Ltd [2014] NZERA Auckland 505 ; Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 ; Wanaka Sun (2003) Ltd v Woodrow [2017] NZERA Christchurch 3 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Christchurch_31.pdf [pdf 287 KB] |