| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Christchurch |
| Reference No |
[2018] NZERA Christchurch 173 |
| Determination date |
28 November 2018 |
| Member |
Andrew Dallas
|
| Representation |
Alastair Miller, counsel for the Applicant
John Farrow and Fiona McMillian, counsel for the Respondents
|
| Location |
Christchurch |
| Parties |
LABOUR INSPECTOR
v
HAI UNG IN PARTNERSHIP WITH
VUOCHHUOR UNG trading as SOUTH
DUNEDIN SATAY HOUSE and Anor
|
| Other Parties |
VUOCHHUOR UNG IN PARTNERSHIP
WITH HAI UNG trading as SOUTH
DUNEDIN SATAY HOUSE
|
| Summary |
PENALTY – Applicant sought penalties for breaches of minimum employment standards in relation to two employees – By consent the parties accepted that respondents failed to keep accurate wage and time records for one employee and accurate holiday and leave records for two employees – As a partnership,maximum penalty the respondents could be liable for was $10,000 per breach – Inappropriate to globalise breaches as they relate to different statutes – Aggravating factors were length of time respondents had been in business, previous intervention by the Labour Inspectorate and the withholding of relevant information – Mitigating factors were acceptance of breaches and implementation of new systems to ensure future compliance – Financial information must be provided in order for a substantial discount to be made for financial position of respondents – A small discount should be applied in light of fact respondents business was a small one – $11,500 penalty appropriate |
| Main Category |
Penalty |
| Number of Pages |
6 |
| PDF File Link: |
2018 NZERA Christchurch 173 [pdf 18 KB] |