| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 169/08 |
| Determination date | 19 November 2008 |
| Member | J Crichton |
| Representation | J Henning (Labour Inspector) ; A Hansen |
| Location | Christchurch |
| Parties | Labour Inspector v Vizual Photomedia Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant labour inspector argued respondent failed to provide wage records, time records, holidays records, and employment agreement – Applicant argued difficulties contacting respondent – Respondent attributed delays to governing director suffering major injury – Respondent argued monies owed by employee – Respondent undertook to provide records and summary of employment – Authority found respondent provided some but not all documents sought required – Applicant argued had not received response from respondent within stipulated timeframe – Authority found no submissions from respondent as required by Authority – Authority found applicant had not issued demand notice and had simply made assessment of monies owed, and when no response from respondent, sought Authority enforcement of assessed sum – Authority not satisfied compliance powers sufficiently wide to direct respondent to pay assessed sum – Authority invited applicant to issue demand notice – Authority found did not have inherent power to demand compliance of assessment not framed as statutory demand notice – Authority adjourned matter to enable applicant to serve demand notice |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s224;ERA s229;Holidays Act 2003 s82 |
| Number of Pages | 4 |
| PDF File Link: | ca 169_08.pdf [pdf 18 KB] |