| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 53/01 |
| Determination date | 07 August 2001 |
| Member | D Asher |
| Representation | G Dewar ; S Ross |
| Location | Wellington |
| Parties | Arthur v Manawatu Rugby Football Inc |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant's position not cost effective - Substantively justified - Declined invitation to discuss situation and alternatives to termination - Claim of procedural unfairness unsubstantiated - ARREARS OF WAGES - Dispute over commission threshold in employment contract - Whether contractual mistake - Insufficient evidence of mistake - On balance of probability no common intent of alternative meaning - No basis to exercise Authority's powers under s162 ERA - Provision for commission to be applied as it stands - Marketing manager |
| Result | Application granted in part ; Arrears of wages (All outstanding monies due) ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977;ERA s162 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |