| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 289 |
| Hearing date | 11-Sep-17 |
| Determination date | 18 September 2017 |
| Member | A Fitzgibbon |
| Representation | S Carr ; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v Sherrie and Henry Ltd t/a The Page Corner Caf� |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for respondent’s breaches of the ERA, Minimum Wage Act 1983 and Holidays Act 2003 – COSTS – Applicant sought contribution towards costs – No appearance for respondent – Hospitality workers |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $3,492 arrears of wages for use of first employee, $5,885 arrears of holiday pay for use of first employee and $1,027 arrears of holiday pay for use of second employee. Interest payable.;PENALTY: Respondent failed to provide applicant with employment agreements, wage and time and holiday and leave records on request. Respondent failed to pay first employee minimum wage. Respondent failed to pay first and second employees holiday pay on termination of employment or alternative days for public holidays worked. Employees young migrants in vulnerable position. Failure to cooperate with Labour Inspector or engage in Authority’s investigation aggravating factor. Respondent new business and no longer trading. $20,000 penalty appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $562 contribution towards costs. |
| Result | Applications granted ; Arrears of wages ($3,492.24) ; Arrears of holiday pay ($6,912.82) ; Penalty ($10,000)(payable to applicant)(10,000)(payable to Crown) ; Costs in favour of applicant ($562.50) ; Disbursements in favour of applicant ($71.50)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s136(2) ; ERA s74e ; ERA s229 ; ERA s229(1)(d) ; ERA Second Schedule cl12 ; Holidays Act 2003 s27(1)(b) ; Holidays Act 2003 s60 ; Judicature Act 1908 s87(3) ; Minimum Wage Act 1983 s6 |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143;Macrury v Cypress Villas Ltd [2015] NZEmpC 157 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Auckland_289.pdf [pdf 56 KB] |