| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 443/09 |
| Hearing date | 9 Dec 2009 |
| Determination date | 10 December 2009 |
| Member | R A Monaghan |
| Representation | J Ingham (in person) ; no appearance |
| Location | Auckland |
| Parties | Ingham (Labour Inspector) v August Models and Talent Ltd |
| Summary | ARREARS OF WAGES – Applicant labour inspector sought order for payment of outstanding wages of $258 – No appearance for respondent – Respondent’s claim unaware of scheduled investigation meeting rejected – Applicant not paid for work as extra on television show – Found applicant entitled to payment sought – PENALTY – Applicant claimed respondent failed to pay minimum wage – Found failure to pay minimum wage unexplained by respondent – $1,000 penalty appropriate – Applicant already entitled to payment of unpaid wages plus interest – Authority declined to order penalty be paid to applicant – Respondent failed to provide wage and time records – Found failure to produce record serious and disregard of repeated approaches an aggravating feature – Penalty of $1,250 appropriate – Authority declined to order payment to applicant because applicant already entitled to payment of unpaid wages – Television extra |
| Result | Application granted ; Arrears of wages ($258) ; Interest (4.8%) ; Penalty ($1,000)(payable to Crown)(failure to pay minimum wage) ($1,250)(payable to Crown)(failure to produce wage and time records) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s132;ERA s135;ERA s136(2);ERA s229(1)(c);ERA s229(3);Minimum Wage Act 1983 s10 |
| Number of Pages | 5 |
| PDF File Link: | aa 443_09.pdf [pdf 19 KB] |