| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 232/10 |
| Hearing date | 14 Dec 2010 |
| Determination date | 15 December 2010 |
| Member | M B Loftus |
| Representation | J-A Duff (in person) ; no appearance |
| Location | Dunedin |
| Parties | Labour Inspector (Duff) v Queenstown Management Services Ltd |
| Summary | PRACTICE AND PROCEDURE - No appearance for respondent - Applicant Labour Inspector brought action on behalf of employee (“T”) of respondent - T believed not paid full wages and had not received holiday pay - Quantum, if any, could not be calculated until respondent provided time, wage and holiday records - Despite repeated requests respondent had failed to provide records - Applicant sought order respondent comply with s229(1)(d) Employment Relations Act 2000 (“ERA”) and s82 Holidays Act 2003 (“HA”) - Authority found respondent required by law to keep records sought by applicant - Found applicant entitled to demand copies of those documents - Found legal obligation existed and applicant's repeated requests for records ignored - Found appropriate situation to grant order sought by applicant - Respondent ordered to provide documents sought by applicant by specified date - PENALTY - Applicant sought penalties for breach of s229(1)(d) ERA and s82 HA - Found s82 HA conferred upon Labour Inspectors identical powers to those in s229(1)(d) ERA but only in respect of holiday and leave records - Authority did not consider it appropriate to consider two penalties - Found both breaches related to same request and same failure to supply records - However, found appropriate to consider one penalty - Authority noted repeated requests for records and continued failure to comply - Found in those circumstances and given lack of evidence or argument to contrary concluded respondent’s behaviour deliberate and therefore culpable - $1,000 penalty appropriate |
| Result | Orders made ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Practice & Procedure |
| Statutes | ERA s54(1)(a);ERA s65(1)(a);ERA s130;ERA s229(1)(d);Holidays Act 2003 s81;Holidays Act 2003 s82 |
| Number of Pages | 7 |
| PDF File Link: | ca 232_10.pdf [pdf 34 KB] |