| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 155/08 |
| Determination date | 22 October 2008 |
| Member | J Crichton |
| Representation | J Henning (in person) ; G Thomas (in person) |
| Location | Christchurch |
| Parties | Labour Inspector Jon Henning v Broadbat Ltd & Anor |
| Other Parties | Thomas |
| Summary | PRACTICE AND PROCEDURE – Authority advised parties would consolidate three applications in interests of administrative convenience – No submissions from respondents – Authority satisfied respondent given reasonable opportunity to participate, and justice not served to allow further attempts – Identity of employer – Authority satisfied employees subject of all applications all employed by first respondent – Authority noted not first occasion labour inspector forced to bring application against first respondent in relation to employees inherited from purchased company – Authority noted earlier determination against first respondent outstanding – Authority found partial compliance by respondents regarding first application but not for second and third applications – Found although partial compliance regarding first application, respondent had failed to fulfil obligations in entirety – Found respondent’s failure to supply all information to applicant meant applicant unable to complete statutory obligation – Authority found had earlier directed labour inspectorate to uplift relevant documents but second respondent declined to make self available – Applicant argued throughout process respondents failed to comply with requests of labour inspectorate and Authority – Authority found proper to make orders sought by applicant – Authority directed first respondent to make payments of unpaid wages and holiday pay to employees in first application – Authority ordered respondent to supply wage, time, and holiday records in respect of balance of affected employees in second and third applications – PENALTY – Authority ordered respondent to pay $500 penalty in respect of each employee in first application – Authority ordered respondent to pay $10,000 penalty for breaches concerning employees in second and third applications |
| Result | Applications granted ; Penalty ($500)(Each employee in first application) (Payable to crown) ; Penalty ($10,000)(Total for all employees in second and third applications) (Payable to crown) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | ERA s229(1)(d);ERA s229(3);Holidays Act 2003 s82;Holidays Act 2003 s24;Holidays Act 2003 s25;Holidays Act 2003 s75 |
| Number of Pages | 8 |
| PDF File Link: | ca 155_08.pdf [pdf 27 KB] |