| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 198/10 |
| Hearing date | 19 Jul 2010 |
| Determination date | 20 October 2010 |
| Member | J Crichton |
| Representation | K Boniface (in person) ; K Mizoguchi |
| Location | Christchurch |
| Parties | Boniface (Labour Inspector) v Credence Development Ltd (t/a Japanese Tourist Centre - JTC) |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant Labour Inspector sought $24,669 arrears of wages and holiday pay on behalf of employee (“X”) - Applicant claimed respondent failed to pay X in accordance with adult minimum wage rate and holiday pay - Respondent disputed amounts claimed owed, however, paid $10,000 to applicant - Respondent claimed X’s overtime not approved and therefore not paid - Authority found evidence clear respondent knew overtime being worked - Found employment agreement provided for overtime and respondent had made minimal overtime payments - Found as respondent had agreed to pay overtime, overtime to be paid in accordance with minimum rate - Authority satisfied with applicant’s calculations of sums owed - Authority did not accept respondent’s calculation of X’s holiday pay - Found respondent’s records deficient and not in compliance with relevant New Zealand law - Authority satisfied X’s records could be relied upon - Found amounts claimed outstanding - Respondent to pay applicant $14,699 arrears of wages and holiday pay, being original claim filed less $10,000 already paid - Interest awarded - Authority noted English was second language of both parties and that had created challenges throughout proceedings - PENALTY - Applicant sought penalty for breaches of Minimum Wage Act 1983 and Holidays Act 2003 - Authority satisfied breaches egregious - However, found likely caused by ignorance of law and language deficits rather than deliberate wrong doing - Authority to defer consideration of penalty to enable respondent to pay sums owing - If amount owing not paid within 30 days of date of determination leave reserved for applicant to return to Authority to seek penalties - COSTS - Length of investigation meeting not specified - Costs to lie where they fall |
| Result | Application granted (Arrears of wages and holiday pay) ; Arrears of wages and holiday pay $14,699.93 ; Interest (4.56%) ; Application reserved (Penalty) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 5 |
| PDF File Link: | ca 198_10.pdf [pdf 18 KB] |