| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 87 |
| Hearing date | 2-Mar-17 |
| Determination date | 31 May 2017 |
| Member | P van Keulen |
| Representation | C Milnes ; no appearance |
| Location | Hokitika |
| Parties | Labour Inspector v White Developments Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with improvement notice - PENALTY – Applicant sought penalty for respondent’s various minimum standard breaches - COSTS – Applicant sought contribution towards costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to comply with improvement notice. Compliance ordered.;PENALTY: Respondent failed to keep adequate time and wage records, and holiday and leave records. Respondent failed to pay employees minimum wage and made unlawful deduction from wages. Breaches serious and significant. Need for deterrence. Employees were migrants and unaware of employment rights. Respondent assisted investigation and showed some remorse. Respondent financially unstable but limited evidence. $16,000 penalty appropriate.;COSTS: Less than one day investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $1,800 contribution towards costs. |
| Result | Applications granted ; Compliance ordered ; Penalty ($16,000)(Crown) ; Costs in favour of applicant ($1,800) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s3 ; ERA s133A ; Holidays Act 2003 s81 ; Holidays Act 2003 s83 ; Minimum Wage 1983 s6 ; Minimum Wage 1983 s8A ; Wages Protection Act 1983 s5 ; ERA Second Schedule cl12 |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072;Bosman v Total Access Ltd [2017] NZERA Auckland 1;Labour Inspector of the Ministry of Business Innovation and Employment v Bahn Thai Restaurant Ltd [2016] NZERA Christchurch 222;Labour Inspector v Binde Enterprises Ltd [2016] NZERA Auckland 399;Labour Inspector v D K Transport (2009) Ltd [2017] NZERA Auckland 97;Labour Inspector of the Ministry of Business, Innovation and Employment v IXL Petroleum and Gas Ltd [2017] NZERA Auckland 128;Labour Inspector v Just Kebab Ltd [2016] NZERA Auckland 383;Labour Inspector of the Ministry of Business, Innovation and Employment v Manukau Auto Valet Ltd [2017] NZERA Auckland 85;Labour Inspector of the Ministry of Business Innovation and Employment v Precise Contracting Ltd [2017] NZERA Christchurch 56;Lewis v One World Resourcing Ltd [2017] NZERA Christchurch 48;Lumsden v Skycity Management Ltd [2017] NZEmpC 30, (2017) 14 NZELR 546 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Christchurch_87.pdf [pdf 183 KB] |