| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 36 |
| Hearing date | 9 Feb 2012 |
| Determination date | 05 April 2012 |
| Member | G J Wood |
| Representation | P Hunt ; B Scotland |
| Location | Napier |
| Parties | Duffy v The Radio Network Ltd |
| Summary | ARREARS OF WAGES – Applicant sought payment of bonuses when transferred – Respondent claimed applicant only transferred temporarily and applicant’s usual bonus targets not met – Parties’ employment agreement (“EA”) stated applicant would receive bonus if met financial targets for wider region – EA stated if applicant transferred respondent would ensure EA terms no less favourable – Applicant provided cover in region while another employee (“X”) on parental leave – Respondent decided applicant would be sales manager for only one area of region although X previously sales manager for wider region – Applicant continued as sales manager for usual region two days a week - Applicant’s manager suggested to respondent general manager applicant be paid bonus for area covered while X on parental leave - Parties did not agree if applicant would receive bonus if covered only one area of X’s usual region – Applicant claimed while covered area all financial targets met so should have been eligible for bonus – Applicant’s usual region did not meet financial targets during same period – Applicant claimed should have received bonus for area covered to ensure EA terms no less favourable – Authority found evidence did not show employment was less favourable while covered area – Found applicant remained on same EA terms and was still eligible for bonus if usual area met financial targets - Found was no certainty that if parties had negotiated bonus agreement applicant would have received bonus for area covered while X on parental leave – No arrears of wages - General Sales Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_36.pdf [pdf 27 KB] |