| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 303/04 |
| Hearing date | 14 Apr 2004 |
| Determination date | 21 September 2004 |
| Member | L Robinson |
| Representation | JM Fincham (in person) ; M Tait, P Evans |
| Location | Auckland |
| Parties | Fincham v Alpine Fresh Filters Ltd |
| Summary | ARREARS OF WAGES AND OTHER MONIES - Applicant alleged commissions owing - Had received Baycorp account in respect of purchase of water cooler from respondent and paid account to preserve credit rating - Applicant's evidence accepted that was told remuneration would be $500 per week plus commission - No agreement that retainer advance on commissions - Two days arrears of retainer due and owing - Arrears of holiday pay for six weeks due and owing - Authority would not consider claim for reimbursement of Baycorp fee since independent of employment relationship - Authority persuaded applicant owed commissions of $500 - Respondent advised commissions would be paid - Expenses from sales trip due and owing - Interest 7.5 percent - UNJUSTIFIED DISMISSAL - Unjustified dismissal claim not made out - COSTS - Applicant entitled to be reimbursed for filing fee - No order for costs - COUNTERCLAIM - Authority unable to assist respondent in respect of its counterclaim |
| Result | Application granted (Arrears of wages and other monies) ; Arrears of retainer ($200) ; Arrears of holiday pay ($180) ; Interest (7.5 percent) ; Reimbursement of expenses ($206.44)(Petrol and accommodation) ; Application dismissed (Unjustified dismissal) ; Application dismissed (Counterclaim) ; Disbursements in favour of applicant ($70) ; No order for costs |
| Statutes | ERA s131;ERA s174 |
| Number of Pages | 7 |
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