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Labour Officer v Power Plants and Equipment Ltd [2012] FJET 7; ERT Criminal Case 49.2011 (22 June 2012)

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

ERT Criminal Case No 49 of 2011

BETWEEN:

LABOUR OFFICER
Complainant

AND:

POWER PLANTS AND EQUIPMENT LIMITED

Employer

Counsel: Ms A. Raitivi, for the Complainant Mr Naveen Prassad 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

1. The defendant employer has pleaded guilty to the charge of failing to produce on demand time and wages records, contrary to Section 45(2) of the Employment Relations Promulgation 2007.

2. Schedule 8 to the Promulgation prescribes a fixed penalty of $100.00 for such an offence. I fine the defendant company accordingly. The defendant to pay within 14 days.

3. In addition, the Labour officer seeks to recover its costs of $1500.00 for pursuance of
this matter to date.

4. In the circumstances, I find such costs reasonable.

5. The defendant is ordered to pay such costs within 14 days. I order accordingly.

Mr Andrew J See Resident Magistrate