| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 85 |
| Determination date | 27 March 2017 |
| Member | V Campbell |
| Representation | S Blick ; D Kumar |
| Location | Auckland |
| Parties | Labour Inspector v Manukau Auto Valet Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s failure to pay annual holiday pay, failure to pay public holiday pay and failure to pay minimum wage |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent failed to pay annual holiday pay due on termination of employment, failed to pay minimum wage and failed to pay employees correctly for public holidays. Breaches serious and employee significantly underpaid. Respondent had tried to rectify problems causing breach and co-operated with investigation. Respondent likely to be able to pay penalty. $145,000 penalty appropriate. |
| Result | Application granted ; Penalty ($145,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s174E ; Holidays Act 2003 s27 ; Holidays Act 2003 s49 ; Holidays Act 2003 s50 ; Holidays Act 2003 s56 ; Holidays Act 2003 s75 ; Minimum Wage Act 1983 s10 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 ; Labour Inspector v Bahn Thai Restaurant Ltd [2016] NZERA Christchurch 222 ; Labour Inspector v Binde Enterprises Ltd [2016] NZERA Auckland 399 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_85.pdf [pdf 170 KB] |