28 Sept 2016
PETER REYNOLDS MECHANICAL LTD TRADING AS THE ITALIAN JOB SERVICE CENTRE v JAMES DENYER, LABOUR INSPECTOR [2016] NZCA 464
- Citation
- [2016] NZCA 464
- Court
- Court of Appeal
The Employment Court (and thus Court of Appeal on review) has jurisdiction under the plain wording of s140(6) of the Employment Relations Act 2000 to impose a fine for non-compliance with a compliance order even where the underlying order is monetary; however the s140(6) powers are remedial and punitive and must be exercised sparingly and proportionately with primary focus on securing compliance and considering culpability, duration of default, remedial steps taken, financial circumstances and deterrence - on the facts the $5,500 fine was manifestly excessive and was reduced to $750.