| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 60 |
| Hearing date | 29 Apr 2011 |
| Determination date | 03 May 2011 |
| Member | J Crichton |
| Representation | L Norton (in person) ; B T Lam (in person) |
| Location | Nelson |
| Parties | Norton (Labour Inspector) v Lam |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Respondent employed five employees aware all unable to legally work in New Zealand - Applicant claimed respondent failed to pay wages owing at legal minimum rate and holiday pay, keep wage and time records, provide employment agreements or obtain authority before made deductions from pay - Applicant claimed respondent failed to make PAYE payments to Inland Revenue Department (IRD") for employees - Authority found no record with IRD for complainant employees - Found claims against respondent made out - Found, in particular circumstances, applicant had authority to bring arrears of wages claim on behalf of employees - Found $33,568 wages and holiday pay due and owing - PENALTY - Found $5,000 aggregate penalty for breaches of Holidays Act 2003, Employment Relations Act 2000 and Wages Protection Act 1983 appropriate - Penalty to be divided equally between complainant employees" |
| Result | Application granted ; Arrears of wages and holiday pay ($6,900)(First employee) ($6,911.76)(Second employee) ($9,029.80)(Third employee) ($5,190.10)(Fourth employee) ($5,536.50)(Fifth employee) ; Penalty($5,000)(Payable to applicant)(Failure to keep and produce proper wage and time records, failure to pay holiday pay, failure to provide individual employment agreements and making deductions from pay without obtaining written authority) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s63A(2);ERA s130;ERA s131;ERA s132;ERA s132(2);ERA s136(2);ERA s229(2);Holidays Act 2000 s27(2);Holidays Act 2000 s76(6);Holidays Act 2000 s81;Wages Protection Act 1983 s5 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_60.pdf [pdf 20 KB] |