| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 218 |
| Determination date | 14 December 2017 |
| Member | C Hickey |
| Representation | J Ellison ; T McRae |
| Location | Christchurch |
| Parties | Labour Inspector v Waliaz Ltd and Anor |
| Other Parties | Singh |
| Summary | PENALTY – Applicant sought penalties for respondents breaches of minimum employment standards |
| Abstract | AUTHORITY FOUND – PENALTY: Respondent breached the Holidays Act 2003 three times. Two breaches for failure to pay employees and the other was for failure to keep time and wage records. Respondent breached the Employment Relations Act 2000 on two accounts. Respondent also breached the Minimum Wage Act 1983. Employee was a new migrant and young making him vulnerable. Respondent acknowledged amounts due to employee and paid it back in full. Modest reduction in penalty appropriate considering the size of the business and financial circumstances. $6,500 penalty appropriate. |
| Result | Application granted ; Penalty ($6,500) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Penalty |
| Statutes | ERA s130 ; ERA s174E ; Holidays Act 2003 s49 ; Holidays Act 2003 s64 ; Holidays Act 2003 s75 ; Holidays Act 2003 s81; Minimum Wages Act 1983 s6 ; Minimum Wages Act 1983 s10 ; Minimum Wages Act 1983 s135 |
| Cases Cited | Boorsboom v Preet PVT Ltd [2016] NZEmpC 143 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Christchurch_218.pdf [pdf 169 KB] |