| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 86 |
| Hearing date | 30 Jul 2014 |
| Determination date | 29 August 2014 |
| Member | P R Stapp |
| Representation | D Keeling (in person) ; R Lingard |
| Location | Wellington |
| Parties | Keeling v Mexted Motors Ltd |
| Summary | DISPUTE - Parties disputed applicant's eligibility to commission payments during notice period not worked by applicant - Respondent decided applicant not required to work full notice period - Loss of opportunity to make vehicle sales |
| Abstract | AUTHORITY FOUND -;DISPUTE: Respondent entitled to calculate hourly rate on basis of retainer for notice period where there has been no work for commissions to accrue. Applicant not entitled to commission payments for notice period other than that agreed between parties. Questions answered in favour of respondent. |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | Benjamin Developments Ltd v Robt Jones (Pacific) Ltd [1994] 3 NZLR 189;Chief Executive Office of the Department of Corrections v Corrections Association of New Zealand Inc [2005] ERNZ 984;Commissioner of Police v New Zealand Police Association [2000] 1 ERNZ 189;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;Sword v Telecom New Zealand Ltd [1998] 3 ERNZ 1228;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_86.pdf [pdf 192 KB] |