Holidays Act 2003

75 Penalty for non-compliance

(1)

An employer who fails to comply with any of the provisions listed in subsection (2), and every person who is involved in the failure to comply, is liable,—

(a)

if the employer is an individual, to a penalty not exceeding $10,000:

(b)

if the employer is a company or other body corporate, to a penalty not exceeding $20,000.

(2)

The provisions are—

(a)

section 16 and sections 21 to 28 (which relate to an employee’s entitlement to, and payment for, annual holidays):

(b)

section 40(3) (which relates to an employee’s entitlement to be paid for a public holiday that would have occurred during the employee’s annual holidays):

(ba)

sections 28A and 28B (which relate to a request by an employee for a portion of his or her annual holidays to be paid out and payment for that portion):

(c)

section 46, sections 49 to 56, section 60, and section 61(3) (which relate to an employee’s entitlement to, and payment for, public holidays and alternative holidays):

(d)

section 63, section 65, and sections 69 to 72 (which relate to an employee’s entitlement to, and payment for, sick leave and bereavement leave):

(e)

section 81 (which relates to an employer’s obligation to keep a holiday and leave record):

(f)

section 82 (which relates to requests for access to a holiday and leave record).

(3)

For the purposes of subsection (1), a person is involved in a failure to comply if the person would be treated as a person involved in a breach within the meaning of section 142W of the Employment Relations Act 2000.

Compare: 1981 No 15 s 34(1)(a)

Section 75(1): amended, on 1 April 2016, by section 5(1) of the Holidays Amendment Act 2016 (2016 No 10).

Section 75(1)(a): amended, on 1 April 2011, by section 15(1) of the Holidays Amendment Act 2010 (2010 No 126).

Section 75(1)(b): amended, on 1 April 2011, by section 15(2) of the Holidays Amendment Act 2010 (2010 No 126).

Section 75(2)(ba): inserted, on 1 April 2011, by section 15(3) of the Holidays Amendment Act 2010 (2010 No 126).

Section 75(2)(e): replaced, on 1 April 2016, by section 5(2) of the Holidays Amendment Act 2016 (2016 No 10).

Section 75(2)(f): inserted, on 1 April 2016, by section 5(2) of the Holidays Amendment Act 2016 (2016 No 10).

Section 75(3): inserted, on 1 April 2016, by section 5(3) of the Holidays Amendment Act 2016 (2016 No 10).