| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 48 |
| Determination date | 31 March 2017 |
| Member | C Hickey |
| Representation | A McIlroy, C English, M Geary ; R Thompson |
| Location | Christchurch |
| Parties | Labour Inspector v One World Resourcing Ltd |
| Summary | PENALTY – Applicant sought penalty for charging premium for employment |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent unlawfully sought premiums. Two breaches for penalty purposes. Employees particularly vulnerable. Respondent put pressure on employees to sign agreement. Respondent co-operated with investigation, withdrew agreements after being told premiums unlawful. Employees did not suffer any financial loss. Respondent likely to able to pay penalty. $9,000 penalty appropriate. |
| Result | Application granted ; Penalty ($6,000)(payable to Crown)($3,000)(payable to employees) |
| Main Category | Penalty |
| Statutes | ERA s133A ; ERA s135 ; Wages Protection Act s12A ; Wages Protection Act s13 |
| Cases Cited | Labour Inspector v Tech 5 Recruitment Ltd [2016] NZEmpC 167 ; Lumsden v SkyCity Management Ltd [2017] NZEmpC 30 ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Christchurch_48.pdf [pdf 388 KB] |