The Employment Relations Authority has ordered an owner-operator to pay over $30,000 in penalties for failing to properly pay its employees.

The owner-operator claimed that training was being provided to the workers, rather than employment. However, the employees were required to record their work hours, which the owner-operator then charged to a contracting firm.

The contracting firm paid money to the owner-operator, however, it failed to pay the employees.

The ERA ordered the owner-operator to pay over $30,000 in penalties for 60 employment breaches. These breaches were;  a failure to maintain a holiday and leave record, failure to pay holiday pay, failure to pay minimum wage, maintain wage and time records and a failure to maintain a copy of the relevant individual employment agreement.    

Ben Ruback
Employment Lawyer


Labour Inspector v I.C.M. Horticultural Contracting Limited (in liquidation) and Ors [2019] NZERA 304, 24 May 2019