Napier developer Malcolm Herbert and his construction company MAH Enterprises face penalties totalling $96,000 after an investigation found 42 breaches of employment law involving migrant workers.
A labour inspector from the Ministry of Business, Innovation and Employment began an investigation two years ago after an employee of MAH Enterprises alleged he had not been paid for annual holidays he thought he was entitled to.
The inspector’s report concluded that MAH had failed to keep wage, time, holiday and leave records. It said 13 employees did not receive annual leave entitlements and for another worker, MAH was using an individual employment agreement that did not comply with the law.
However, the Employment Relations Authority (ERA) said that the inspector was unable to investigate properly because Herbert and the company had failed to provide all the information requested and required.
“Despite repeated attempts to engage with Mr Herbert to obtain the material required to complete her investigation, Mr Herbert either did not respond, sought extended deadlines that he also did not meet and then, when he provided information, it was not complete,” ERA member Sarah Kennedy-Martin said in a recently released decision.
Herbert at one point told the authority he was unable to file submissions because of the Napier floods, and that a computer had been stolen in a burglary.
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