| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 126 |
| Hearing date | 10-Jul-17 |
| Determination date | 13 July 2017 |
| Member | J Crichton |
| Representation | R Denmead ; no appearance |
| Location | Hamilton |
| Parties | Labour Inspector v Wallace Painting & Contractors Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to comply with Improvement Notice. Compliance ordered. ARREARS OF WAGES: Respondent to pay applicant $873 arrears of wages. PENALTY: Severity of breach significant. Respondent acknowledged money owed and did not resist the way the sum was calculated by applicant. 80 percent maximum penalty appropriate.70 percent reduction appropriate in light of respondent’s financial circumstances. $4,500 penalty appropriate. |
| Result | Applications granted ; Orders made ; Arrears of wages ($873.61) ; Interest payable (4%) ; Penalty ($4,500) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s135(2)(b);ERA s223D;ERA s223F;Holidays Act 2003;Minimum Wage Act 1983 |
| Cases Cited | Boorsboom v Preet PVT Ltd [2016] NZEmpC 143 |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Christchurch_126.pdf [pdf 102 KB] |