| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/03 |
| Hearing date | 17 Sep 2002 - 5 Oct 2002 (2 days) |
| Determination date | 07 February 2003 |
| Member | D King |
| Representation | P Wicks ; H Fulton |
| Location | Auckland |
| Parties | Myers v Trends Publishing (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No constructive dismissal on basis of alleged arrears of wages and monies deducted - ARREARS OF WAGES - Income paid in advance of commissions earned - Prior conduct of respondent wiping shortfalls not an estoppel - Respondent contractually entitled to deduct amounts owed by applicant - No arrears of wages - Applicant concerned about failure to obtain permit needed for sales - Concerns not made known to respondent - Respondent resolved matter after brought to attention - Applicant misunderstood situation - Resignation - No breach of duty by respondent - No constructive dismissal - RECOVERY OF MONEY - Counterclaim - Monies owing and interest - Advances made exceeded commission earned - Entitled to recover deficit from applicant - No loss caused by resignation - Sales representative |
| Result | Application dismissed (Arrears of wages and Unjustified dismissal) ; Application granted (Recovery of money) ; Other monies ($5,517.45)(Overpayment) ; Costs reserved |
| Statutes | ERA s245 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |