| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 320 |
| Hearing date | 12-Oct-17 |
| Determination date | 12 October 2017 |
| Member | A Fitzgibbon |
| Representation | S Blick ; no appearance |
| Location | Auckland |
| Parties | Labour Inspector v JES Construction Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with notice requiring production of wage and time and holiday and leave records – PENALTY – Applicant sought penalty for respondent’s failure to comply with requirements of notice to produce records – COSTS – Applicant sought contribution towards costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent failed to provide records pursuant to notice. Compliance ordered.;PENALTY: Respondent failed to provide applicant with records requested on a number of occasions. Serious and complete failure to engage. Deterrence necessary. $6,000 penalty appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $500 contribution towards costs. |
| Result | Applications granted ; Compliance ordered ; Penalty ($6,000)(payable to Crown) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s133 ; ERA s135 ; ERA s137 ; ERA s174E ; ERA s 229(1)(c) ; ERA s229(1)(d) ; ERA s229(2) ; ERA s229(3) ; ERA Second Schedule cl15(1) |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143 |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_320.pdf [pdf 187 KB] |