| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 154/10 |
| Hearing date | 27 Jul 2010 |
| Determination date | 30 July 2010 |
| Member | M B Loftus |
| Representation | J Henning (in person) ; no appearance |
| Location | Queenstown |
| Parties | Labour Inspector (J Henning) v Reid Patterson Ltd |
| Summary | ARREARS OF WAGES - Applicant Labour Inspector sought arrears of wages and holiday pay on behalf of two employees ((“H”) and (“T”)) - No appearance for respondent - Respondent accepted owed T amount claimed by applicant - Respondent to pay applicant $1,244 arrears of wages and holiday pay - Interest awarded - Respondent claimed did not owe H wages and holiday pay and accused H of theft - Respondent provided applicant with multiple, contradictory documents purporting to be H’s wage and time records - Authority agreed with applicant’s choice of which records to use - Applicant’s calculations of H’s wages and holiday pay accepted - Respondent to pay applicant $6,204 arrears of wages and holiday pay - Interest awarded - Found given respondent’s previous failure to honour acknowledged debts respondent to pay sums by specified date - PENALTY - Applicant sought single global penalty - Respondent accepted failed to provide written employment agreements - Found respondent failed to maintain time and wage records in required manner - Found respondent failed to meet obligation to pay monies due - Found respondent’s conduct culpable as even where accepted breached obligation showed reluctance to rectify it - Found respondent had accused H of theft and made vindictive observations about H in local community - Found penalty of $1,500 appropriate - Found given respondent’s withholding of arrears as offset against already resolved claim and attempt to use further unsubstantiated claims to offset any award of monies owing H to receive half of penalty, with other half payable to Crown |
| Result | Applications granted ; Arrears of wages and holiday pay ($6,204.17)(H) ; Arrears of wages and holiday pay ($1,245.24)(T) ; Interest (5.31%) ; Penalty ($1,500)($750 payable to Crown)($750 payable to H) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Statutes | ERA;Wages Protection Act 1983 |
| Number of Pages | 8 |
| PDF File Link: | ca 154_10.pdf [pdf 29 KB] |