Auckland restaurant owner to pay for Holidays Act breaches

13 May 2019

The Employment Relations Authority (ERA) has ordered Auckland restaurant owner to pay $5,000 for failure to comply with the Labour Inspectorate’s instructions in relation to records keeping and staff’s public holiday entitlements.

Ravi Singh, the director of a Botany restaurant trading as Raviz, has sold the business, but continues to operate another Auckland restaurant under the same name.

The Labour Inspectorate found that the Botany business failed to provide accurate pay and leave records. It also failed to pay time-and-a-half to a staff member who worked on 11 public holidays.

The Inspectorate issued an improvement notice, requiring Mr Singh to audit payments made for public holidays and alternative holidays for all former employees and to pay any shortfalls identified. Improvement notices give employers the chance to fix their compliance issues without penalty.

While Mr Singh took some steps to rectify the errors, he failed to demonstrate that all the necessary payments had been made and compliance had been achieved.

The ERA ordered the employer to pay $5,000 for the failings.

“This case demonstrates employers cannot escape responsibility by on-selling their business, and we will continue to pursue unscrupulous employers,” says Labour Inspectorate Regional Manager David Milne.

“Consumers are also voting with their feet and refusing to buy from businesses that fail to provide their staff with the legal entitlements,” says Mr Milne.

MBIE encourages anyone concerned about the employment situation of themselves or someone they know to call its contact centre on 0800 20 90 20, where their concerns will be handled in a safe environment.

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