| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74/01 |
| Determination date | 29 June 2001 |
| Member | J Wilson |
| Representation | J Down ; B Hunt |
| Location | Auckland |
| Parties | Cornish v The Training Line Ltd |
| Summary | DISPUTE - Whether sales target reached and eligible for commission - Whether partnership agreement finalised before applicant resigned - Verbal agreement - Contract prepared and forwarded - Invoiced for first three months - No signature on contract before applicant's resignation - Contract not enforceable before resignation - Procedure manual stated invoice not to be sent until contract signed - Invoice should not have been prepared - Not entitled to credit contract towards commission target - Whether partnership agreements creditable to commission target at commencement of agreement or when invoice issued - At date of resignation some partnership agreements had not been fully invoiced - Wording of employment contract unambiguous - Entitled to be credited with income for which invoices had been raised - Sales target not reached - No obligation to pay commission - Client services manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |