| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 150 |
| Hearing date | 24 Sep 2013 |
| Determination date | 18 November 2013 |
| Member | J Crichton |
| Representation | P McCluskie ; A Singh |
| Location | Wellington |
| Parties | Desai v Tech Mahindra Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant owed commission – Whether applicant told not to seek clients – Respondent’s sales incentive plan under review during applicant’s employment – Applicant received guaranteed commission during first year of employment – Whether applicant’s employment agreement provided for payment above guaranteed commission - Applicant received letter identifying revenue target and payments upon reaching target – Whether letter received too late to be efficacious - Whether applicant’s sales targets amended to be more achievable - Senior manager |
| Abstract | AUTHORITY FOUND –;ARREARS OF WAGES: Applicant’s employment agreement provided for payment above guaranteed commission. Applicant aware of sales incentive plan. Applicant failed to meet sales targets both years of employment. No evidence respondent agreed to revised targets. Not role of Authority to write provisions into employment agreement where parties silent. Nothing in employment agreement of sufficient particularity to entitle applicant to incentive payments. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Cases Cited | Anderson v Clough Agriculture Ltd [2012] NZERA Christchurch 195;Bradshaw v James Pascoe Ltd unreported, V Campbell, 3 August 2007, AA226/07;Kofi Sunkersette Obu v A Strauss & Co Ltd [1951] AC 243 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Wellington_150.pdf [pdf 126 KB] |