| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 97 |
| Determination date | 03 April 2017 |
| Member | R Arthur |
| Representation | M Urlich ; H Struckman |
| Location | Auckland |
| Parties | Labour Inspector v D K Transport (2009) Ltd |
| Summary | PENALTY – Applicant sought penalty for failure to provide employment agreements, failure to keep compliant wage and holiday records, failure to pay minimum wage, failure to pay holiday on termination of employment, failure to pay public holidays and unlawful deductions from wages |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent admitted breaches. Breaches serious. Employees vulnerable migrant workers left without entitlements owed to them. Respondent co-operated with investigation and rectified breaches. Respondent likely to be able to pay penalty by instalments. $40,000 penalty appropriate. |
| Result | Application granted ; Penalty ($22,250)(payable to Crown)($17,750)(payable to employees) |
| Main Category | Penalty |
| Statutes | ERA s63A(3) ; ERA s130 ; ERA s136(1) ; ERA s136(2) ; ERA s174E ; Holidays Act 2003 s23 ; Holidays Act 2003 s24 ; Holidays Act 2003 s49 ; Holidays Act 2003 s81 ; Minimum Wage Act 1983 s6 ; Wages Protection Act 1983 s4 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Auckland_97.pdf [pdf 261 KB] |