| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 88 |
| Hearing date | 16-Mar-17 |
| Determination date | 31 March 2017 |
| Member | N Craig |
| Representation | A Skadiang ; L Joyce |
| Location | Auckland |
| Parties | Labour Inspector v L P Joyce Ltd |
| Summary | PENALTY – Applicant sought penalty for failure to comply with request to provide employment agreements and records – – COSTS – Applicant sought contribution to costs |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent failed to comply with applicant’s request for documents. One breach. Respondent previously subject of involvement with applicant. Respondent had later provided records. Records not deliberately withheld for any bad motive. No harm caused and employees not particularly vulnerable. Respondent had limited financial means. $4,200 penalty appropriate.COSTS: Less than half day investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $700 contribution to costs. |
| Result | Applications granted ; Penalty ($4,200)(payable to Crown) ; Costs in favour of applicant ($700) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s130 ; ERA s130(2) ; ERA s133A ; ERA s229(1)(d) ; ERA s229(2) ; ERA s229(3) |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 ; Firman v Insyn Ltd [2016] NZERA Christchurch 227 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_88.pdf [pdf 186 KB] |