| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 45 |
| Hearing date | 1-Dec-16 |
| Determination date | 28 March 2017 |
| Member | C Hickey |
| Representation | A McIlroy ; C Clifford, T Nation |
| Location | Timaru |
| Parties | Labour Inspector v Kings Curry House Ltd t/a Tandoori King |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - PENALTY - Applicant sought penalty for respondent’s failure to pay minimum wage, holiday pay, making unlawful deductions, failure to keep holiday and leave records, and failure to comply with improvement notice |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Dispute over number of hours worked and no wage and time records. Authority did not accept either party’s calculations. On evidence available, first employee paid under minimum wage. Respondent to pay applicant $729 arrears of wages for first employee. Respondent unlawfully deducted wages from third employee. Respondent given opportunity to voluntarily repay amount.;PENALTY: Third employee left employment without giving proper notice period. Money withheld from third employee by respondent in response to lack of proper notice cannot be described as premium. Withholding wages unlawful and breached Wages Protection Act. Respondent failed to pay fourth employee final holiday pay. Respondent complied in good faith to best of its ability with improvement notice. Parties invited to make further submissions on setting penalty amounts. |
| Result | Applications granted ; Arrears of wages ($729.33)(first employee) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s132 ; ERA s135 ; Holidays Act 2003 s 27 ; Holidays Act 2003 s28 ; Holidays Act 2003 s49 ; Holidays Act 2003 s50 ; Holidays Act 2003 s55 ; Holidays Act 2003 s56 ; Holidays Act 2003 s60 ; Holidays Act 2003 s81 ; Wages Protection Act 1983 s4 ; Wages Protection Act 1983 s5 ; Wages Protection Act 1983 s5A ; Wages Protection Act 1983 s12 ; Wages Protection Act 1983 s12A ; Wages Protection Act 1983 s13 |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072;G L Freeman Holdings Ltd v Livingston [2015] NZEmpC 120, (2015) 13 NZELR 83;Ozturk v Gultekin t/a Halikarnas Restaurant [2004] 1 ERNZ 572 (EmpC);Labour Inspector of the Ministry of Business, Innovation and Employment v Tech 5 Recruitment Ltd [2016] NZEmpC 167, (2016) 10 NZELC 79-074;Lumsden v Skycity Management Ltd [2017] NZEmpC 30, (2017) 14 NZELR 546 |
| Number of Pages | 19 |
| PDF File Link: | 2017_NZERA_Christchurch_45.pdf [pdf 292 KB] |