| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 134 |
| Hearing date | 2-May-17 |
| Determination date | 02 May 2017 |
| Member | E Robinson |
| Representation | A Dumbleton ; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v Auckland Drainage Plumbing Services Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY– Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for respondent’s breaches of Minimum Wage Act 1983 (MWA) and Holiday Act 2003 (HA) – JURISDICTION – Application of transitional provisions – Applicant sought authorisation to bring recovery of monies action against director of respondent company under repealed s 234(2) of Employment Relations Act 2000 – No appearance for respondent – Plumber and Drainlayer |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant’s evidence accepted. Respondent to pay applicant $7,872 arrears of wages and holiday pay.;PENALTY: Penalty for breaches of MWA reduced due to minimum amounts owed and no evidence of vulnerability or exploitation. Penalty for breaches of MWA record keeping reduced as some payslips provided. No evidence of respondent’s claimed financial difficulty. Amount of penalties disproportionate. $17,280 penalty appropriate.;JURISDICTION: Section 234 continues to apply to conduct prior to 1 April 2016. Not satisfied amount claimed unlikely to be paid in full by company. Application for authorisation to bring action against director dismissed. |
| Result | Applications granted (arrears of wages and holiday pay)(penalty) ; Arrears of wages and holiday pay ($7,872.10) ; Penalty ($17,280) ; Application dismissed (jurisdiction) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s234 ; ERA s234(1) ; ERA s234(2) ; ERA s234(2)(a) ; ERA s234(2)(b) ; ERA Schedule 1AA cl3(7) ; ERA Second Schedule cl12 ; Minimum Wage Act 1983 s8A ; Minimum Wage Act 1983 s10 ; Holiday Act 2003 s75 |
| Cases Cited | Borsboom v Preet PVT Limited [2016] NZEmpC 143;Macrury v Cypress Villas Ltd [2015] NZEmpC 157 |
| Number of Pages | 11 |
| PDF File Link: | 2017_NZERA_Auckland_134.pdf [pdf 203 KB] |