| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 441/10 |
| Determination date | 13 October 2010 |
| Member | K J Anderson |
| Representation | A Reid (in person) ; C Robson |
| Location | Auckland |
| Parties | Reid (Labour Inspector) v Frankton Mufflers & Brakes Ltd |
| Summary | COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with demand notice - Applicant had sought unpaid amounts under Minimum Wage Act 1983 (“MWA”) and Holidays Act 2003 (“HA”) on behalf of former employee (“X”) - Respondent accepted owed amount claimed under MWA but disputed owed amount claimed under HA - Authority found while in normal circumstances as respondent had not lodged objection to demand notice within time compliance order would follow - However, found were issues requiring further exploration so applicant directed to withdraw demand notice and parties directed to mediation - Parties unable to resolve matter at mediation - Applicant reissued demand notice - Authority satisfied on evidence demand notice issued on basis were reasonable grounds for believing X had not received entitlements under HA - Compliance ordered |
| Result | Compliance order ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iv);ERA s224(1);ERA s227;Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 2 |
| PDF File Link: | aa 441_10.pdf [pdf 11 KB] |