| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 161 |
| Hearing date | 17 Sep 2013 |
| Determination date | 17 December 2013 |
| Member | T MacKinnon |
| Representation | A Forde ; R Wharton |
| Parties | Forde v Central Commercial Vehicles Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay - Whether applicant entitled to commission for vehicles sold - RECOVERY OF MONIES - Applicant sought recovery of monies deducted from applicant's final pay - Respondent claimed deduction due to vehicle damage, unauthorised credit card expenses and airfare - PENALTY - Applicant sought penalty for respondent's failure to provide time and wage records - PENALTY - BREACH OF CONTRACT - Applicant sought penalty for respondent's breach of parties employment agreement (EA") - Applicant claimed respondent breached EA by withholding commission - Sales person" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Applicant entitled to commission for five of 13 vehicles sold. No commission payable for vehicles delivered after applicant left employment. Respondent to pay applicant $7,916 arrears of wages. Respondent to pay applicant arrears of holiday pay, quantum to be determined. Interest payable.;RECOVERY OF MONIES: Respondent's policy did not authorised deduction. No evidence respondent attributed blame for vehicle damage to applicant so deduction not sum owed to employer. Not fair or reasonable to financially penalise applicant without discussing matter with applicant. Applicant should have been informed of liability during employment. No insurance claimed for vehicle repair so questionable whether respondent could recover excess. Respondent to pay applicant $1,307 recovery of monies. Interest payable.;PENALTY: Time and wage records not provided. $250 penalty appropriate.;PENALTY - BREACH OF CONTRACT: Respondent breached EA by withholding applicant's commission. $1,000 penalty appropriate. |
| Result | Applications granted; Arrears of wages ($7916.49); Arrears of holiday pay (quantum to be determined); Recovery of monies ($1,307); Interest (5%); Penalty ($1,250)($750 payable to Crown)($500 payable to applicant); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s130- ERA s134 - Holidays Act 2003 - Holidays Act 2003 s24 - Holidays Act 2003 s24(2)(b) - Wages Protection Act 1983 s4 - Wages Protection Act 1983 s5 - |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_161.pdf [pdf 230 KB] |