| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 3 |
| Hearing date | 11 Nove 2014 ; 7 Jan 2015 (2 days) |
| Determination date | 12 January 2015 |
| Member | D Appleton |
| Representation | P Metaxas (in person) ; B Borthwick |
| Location | Christchurch |
| Parties | Metaxas v Marley New Zealand Ltd |
| Summary | ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant entitled to bonus payment - Whether applicant relied on statements that would be eligible for bonus if left before end of bonus year - Estoppel - Territory manager |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES: Applicant given copy of bonus rules prior to resignation. Applicant told that likely to be eligible to receive bonus. Bonus rules expressed in unequivocal terms and stated would not be changed once signed off. Statement to applicant did not override requirement in bonus rules for employee to be employed up to end of bonus year. Applicant not entitled to bonus payment. No arrears of wages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA s161(1)(r) |
| Cases Cited | Newick v Working in Ltd [2012] ERNZ 510;Pain Management Systems (NZ) Ltd v McCallum unreported, Panckhurst J, 14 August 2001, CP72/01 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_3.pdf [pdf 230 KB] |