| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/10 |
| Hearing date | 6 May 2010 |
| Determination date | 07 May 2010 |
| Member | A Dumbleton |
| Representation | D Myatt (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Myatt (Labour Inspector) v Pecks Cottage Bakeries Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Authority found respondent failed to participate in investigation - Authority satisifed monies owing properly claimed - Found applicant carried out thorough investigation and communicated findings and conclusions to director of respondent - Applicant argued accurate assessment of claim not possible as respondent failed to make PAYE and ACC deductions and failed to keep wage and time records - Found employee paid below minimum wage at end of each shift - Found directors resistance to pay amount requested based on employee's performance rather than legal entitlement - Respondent ordered to pay applicant $157 arrears of wages and holiday pay - Interest to be paid on amount owing - PENALTY - Applicant sought $10,000 penalties for respondent's failure to keep wage and time records - Found respondent failed in responsibility to know and apply employment laws - Found $1,800 penalty appropriate |
| Result | Applications granted ; Arrears of wages and holiday pay ($157.72) ; Penalty ($1,800)(Payable to Crown) |
| Main Category | Arrears |
| Statutes | Minimum Wage Act 1983;Holidays Act 2003;Employment Relations Act 2000 |
| Number of Pages | 3 |
| PDF File Link: | aa 217_10.pdf [pdf 15 KB] |