| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 420 |
| Hearing date | 16-18 Sep 2014 |
| Determination date | 10 October 2014 |
| Member | T G Tetitaha |
| Representation | F Ashton ; J Douglas |
| Location | Auckland |
| Parties | Thompson v Genesis Communications Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Sales commission - Network connection fees - Dispute about whether commission calculation based on gross or net sales and whether any other conditions before commission payable - Whether applicant entitled to payment on new connections and roll-overs - Sales executive |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES: Respondent accepted applicant not paid wages during December. respondent's record keeping haphazard. Evidence did not support respondent's submissions regarding commission agreement. Probable parties agreed applicant paid commission when sales more than $50,000 and profit margin at least 20% in same month. Applicant entitled to $8,835 commission payments. Parties agreed some commission paid. Applicant owed balance of $1,817. Parties agreed applicant to be paid for network connections. Probable connection fee related to new clients and not roll overs. Respondent entitled to $5,100 in respect of network connection fees. Respondent to pay applicant $10,251 arrears of wages. Interest payable. |
| Result | Application granted; Arrears of wages ($10,251.24); Interest (5%); Costs reserved |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl11ERA s131 |
| Cases Cited | Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_420.pdf [pdf 3 MB] |