| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 433/05 |
| Hearing date | 27 Oct 2005 |
| Determination date | 31 October 2005 |
| Member | M Urlich |
| Representation | K Metcalf (in person) ; no appearance |
| Location | Auckland |
| Parties | Metcalf (Labour Inspector) v Lalohea |
| Summary | ARREARS OF WAGES AND HOLIDAY - Failure to pay applicants minimum wage - Wages and holiday pay due and owing to two employees - Interest on arrears 7 percent - PENALTY - Failure to produce wage, time and holiday records despite requests from Labour Inspector to do so - Penalty of $2,000 for failure to pay minimum wage appropriate ($1,000 to employees and $1,000 to Crown) - Penalty of $2,000 for failure to pay holiday pay appropriate ($1,000 to employees and $1,000 to Crown) - Penalty of $2,000 for failure to produce wage, time and holiday records appropriate ($1,000 to employees and $1,000 to Crown) |
| Result | Arrears of wages ($360)(MM) ; ($243)(TM) ; Arrears of holiday pay ($384)(MM) ; ($580.50)(TM) ; Interest on arrears (7 percent) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to pay minimum wage) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to pay holiday pay) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to produce wage, time and holiday records) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee) |
| Statutes | Holidays Act 2003 s75;Minimum Wage Act 1983 s10 |
| Number of Pages | 2 |
| PDF File Link: | aa 433_05.pdf [pdf 9 KB] |