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Labour Officer v Colati [2012] FJET 6; ERT Criminal Case 31.2012 (22 June 2012)

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

ERT Criminal Case No 31 of 2012

BETWEEN:

LABOUR OFFICER
Complainant

AND:

JOSATEKI COLATI TRADING AS COLATI CONSTRUCTION

Employer

Counsel: Ms L. Ratumaitavuki, for the Complainant Mr J Colati 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

1. The employer Colati Construction, pleads guilty to the offence of failing to produce on demand time and wages records in accordance with Section 45(2) of the Employment Relations Promulgation 2007.

2. I fine the employer the prescribed offence of $100.00.

3. The Labour Officer seeks costs be awarded under Section 236 of the Employment Relations Promulgation 2007, in the amount of $1000.00. I find such costs reasonable.

4. I further order that Mr Colati report to the Labour Officer within 7 days, where he is to provide a statement to that office in relation to the manner in which he supervised the said workers the subject of this complaint and his contractual relationship with any other employer at the relevant time.

5. I order that the fine and costs be paid within 14 days.

Mr Andrew J See Resident Magistrate