Auckland pubs keep liquor licenses despite paying worker $4 an hour
Saturday, 12 November 2016
Two companies that were punished for underpaying a migrant worker will be allowed to keep their liquor licenses.
The Auckland District Licensing Inspector wanted the licences of the Bellbird Arms Tavern, and The Oaks Tavern suspended or cancelled after the owners were penalised, in June, for paying a migrant worker just $4 an hour.
They also failed to provide written employment agreements and failed to keep accurate time and wage records.
The company owners, Sharmas & Sons (2009) Limited and Sharmas & Sons Limited, who also operated Happy Liquor Stores in Manurewa and Penrose, were ordered to repay wages and holiday pay arrears to the sum of $45,333 by the Employment Relations Authority.
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It also ordered $42,000 in penalties be paid, equally split between the two companies, with $22,000 of the penalty to be paid directly to the worker.
Following that decision, the Auckland District Licensing Inspector applied for the companies' liquor licenses to be suspended, on the grounds that they were no longer suitable to hold the licenses.
However the owners argued they had already paid the price for their wrongdoing, and it would be unfair for them to be punished twice.
They also submitted that underpaying a worker was not covered under the Sale and Supply of Alcohol Act 2012, which deals with the safe and responsible sale, supply and consumption of alcohol.
The Alcohol Regulatory and Licensing Authority agreed with that argument, finding there was no evidence that the employment breaches would 'lead to the kind of risk which the Act seeks to minimise'.
Both companies will retain their liquor licenses and continue normal operations.
Company representatives declined to comment when contacted by Stuff.