| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 386 |
| Hearing date | 12-Dec-17 |
| Determination date | 14 December 2017 |
| Member | E Robinson |
| Representation | M Denyer ; T Kwok |
| Location | Auckland |
| Parties | Labour Inspector v New Lucky Star Restaurant Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s failure to comply with the Holiday’s Act 2003 (“HA”) |
| Abstract | AUTHORITY FOUND –;PENALTY: Improvement Notice previously issued on respondent. Respondent made satisfactory improvements. Respondent failed to maintain compliance with HA and similar breaches persisted. Employees financially disadvantaged and deprived of minimum entitlements. Serious and systemic breaches require deterrence. No evidence to support adjustment of penalty. $20,000 penalty appropriate. |
| Result | Application granted ; Penalty ($20,000)(Payable to applicant) ; Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Penalty |
| Statutes | ERA Second Schedule cl15;Holidays Act 2003 s46;Holidays Act 2003 s47;Holidays Act 2003 s50;Holidays Act 2003 s81 |
| Cases Cited | Auckland Drainage Plumbing Services Ltd [2017] NZERA Auckland 134;Boorsboom v Preet PVT Ltd [2016] NZEmpC 143;Labour Inspector of the Ministry of Business, Innovation and Employment v IXL Petroleum and Gas Ltd [2017] NZERA Auckland 128;Labour Inspector v Cypress Villas Ltd [2015] NZEmpC 157;Labour Inspector v Just Kebab Ltd [2016] NZERA Auckland 383 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_386.pdf [pdf 179 KB] |