| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 57 |
| Hearing date | 8 Apr 2014 |
| Determination date | 10 April 2014 |
| Member | D Appleton |
| Representation | J Farrow ; R Tomkinson |
| Location | Dunedin |
| Parties | Low v Lund South Ltd |
| Summary | DISPUTE - Parties disputed when applicant's entitlement to bonus ceased - When applicant ceased to be manager - Concerns about applicant's behaviour, attitude and statements - Whether applicant required to cease to hold manager's position at earlier date or whether respondent decided to restructure applicant's remuneration package - Senior estimator and project manager |
| Abstract | AUTHORITY FOUND -;DISPUTE: E-mail to applicant tended to support that applicant still manager at later date and earlier meeting only to discuss restructured remuneration package. Barely credible for respondent to say letter to applicant issued two years after applicant ceased to be manager but expressed in terms clearly indicting change only proposed. Applicant's employment agreement for new position dated at later date. Applicant ceased to be manager at later date and entitlement to bonus ceased at this time. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_57.pdf [pdf 257 KB] |