| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 114 |
| Determination date | 20 April 2015 |
| Member | TG Tetitaha |
| Representation | R Alspach ; B Guest |
| Location | Auckland |
| Parties | Hokai v Sharemilk Ltd |
| Summary | ARREARS OF WAGES – Applicant sought arrears of wages– Interpretation of bonus clause in employment agreement (“EA”) –Whether performance bonus discretionary |
| Abstract | AUTHORITY FOUND –ARREARS OF WAGES: Clause required respondent to consider performance bonus and undertake regular performance appraisals. Performance bonus not required by clause. Respondent may not have considered paying bonus since specified year or undertaken regular performance appraisals. Further evidence required. Further hearing to decide whether respondent breached duty of good faith and disputed clause in EA by failing to consider bonuses after specified year. |
| Result | Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s4;ERA s134;ERA s135(5);ERA s160(3) |
| Cases Cited | Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558 (CA);Secretary for Education v New Zealand Educational Institute Te Riu Roa [2002] 2 ERNZ 470 (EmpC);Vector Gas v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_114.pdf [pdf 153 KB] |