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Labour Officer v Shankar [2012] FJET 10; ERT Criminal Case 32.2012 (25 June 2012)

IN THE STATUTORY TRIBUNAL, FIJI ISLANDS SITTING AS THE EMPLOYMENT RELATIONS TRIBUNAL

ERT Criminal Case No 32 of 2012

BETWEEN:

LABOUR OFFICER
Complainant

AND:

ROHITESH SHANKAR SHANKAR, TRADING AS KAMI'S AUTO GAS
Employer

Counsel: Ms L. Raitimaitavuki, for the Complainant
Mr Rakesh Sharma, Foodmart Autogas for the Employer

Date of Hearing: Friday 22 June 2012
Date of Judgment: Friday 22 June 2012

DECISION

FAILURE TO PRODUCE ON DEMAND TIME AND WAGES RECORDS – Section 45(2) Employment Relations Promulgation 2007; Schedule 8 Fixed Penalty Offence; Costs-Section 236 Employment Relations Promulgation 2007

1. The company Foodmart Autogas is the owner of Kami's Autogas.

2. The company has pleaded guilty to failure to produce on demand time and wages records contrary to Section 45(2) of the Employment Relations Promulgation 2007.

3. The prescribed amount for such an offence set out in Schedule 8 to the Promulgation is the amount of $100.00.

4. I fine the company accordingly and order to pay within 14 days.

5. There is an application made by Counsel for costs in the amount of $1000.00 in accordance with Section 236 of the Promulgation. I find such application reasonable and order such costs to be paid within 14 days.

I order accordingly.

Mr Andrew J See Resident Magistrate