Section 135 — Employment Relations Act 2000: Recovery of penalties

135 Recovery of penalties (1) Any action for the recovery of a penalty may be brought,— (a) in the case of a breach of an employment agreement, at the suit of any party to the employment agreement who is affected by the breach; or (b) in the case of a breach of this Act, at the suit of any person in relation to whom the breach is alleged to have taken place; or (c) if permitted in the particular penalty provision, by a Labour Inspector. (2) Every person who is liable to a penalty under this Act is liable,— (a) in the case of an individual, to a penalty not exceeding $5,000: (b) in the case of a company or other corporation, to a penalty not exceeding $10,000. (3) A claim for 2 or more penalties against the same person may be joined in the same action. (4) In any claim for a penalty the Authority or the Court may give judgment for the total amount claimed, or any amount, not exceeding the maximum specified in subsection (2) , or the Authority or the Court may dismiss the action. (4A) The Authority or the Court may order payment of a penalty by instalments, but only if the financial position of the person paying the penalty requires it. (5) An action for the recovery of a penalty under this Act must be commenced within 12 months after the earlier of— (a) the date when the cause of action first became known to the person bringing the action; or (b) the date when the cause of action should reasonably have become known to the person bringing the action. Compare: 1991 No 22 s 53 Subsection (4A) was inserted, as from 1 December 2004, by section 44(1) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (5) was substituted, as from 1 December 2004, by section 44(2) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.