| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 530 |
| Determination date | 22 December 2014 |
| Member | E Robinson |
| Representation | D Georgetti ; D Organ |
| Location | Auckland |
| Parties | Georgetti v Compass Communications Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Unpaid bonuses - Whether bonus payable only when profit made - General Manager Sales and Service |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Applicant had contractual right to bonus provided targets achieved. No reference in employment agreement (EA") to bonuses not being payable in absence of profit. No element of profit involved in calculation of results required to achieve any bonus under schedule to EA. Schedule to EA not amended but course of dealings between parties changed agreed target for bonus payment. New measure of targets included losses, and growth as result of reduced losses could be viewed as profitability improvement. Respondent to pay applicant $16,327 arrears of wages." |
| Result | Application granted ; Arrears of wages ($16,327.22) ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_530.pdf [pdf 246 KB] |