| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 7/05 |
| Hearing date | 30 Nov 2004 |
| Determination date | 14 January 2005 |
| Member | G J Wood |
| Representation | J Gibbs ; M Quigg |
| Location | Wellington |
| Parties | Harris v CentrePort Ltd |
| Summary | DISPUTE - Whether applicant agreed to variation in respect of performance payments - Employment agreement could only be changed by agreement in writing signed by both parties - Term that part of remuneration was annual performance payment of not less than $25,000 payable on achievement of agreed objectives - Letter offered pay rise and set out new performance formula - Whether applicant accepted new formula - Applicant had agreed to formula as variation to employment agreement - Genuine consent by applicant to agreement as exemplified by conduct - In one year respondent not as profitable as before so applicant not entitled to payment under formula - Negotiations over exit package - As part of terms amount of outstanding bonus payment agreed to - Stated payments in full and final settlement of claims relating to termination of employment - Therefore, applicant barred from pursuing claim in any event |
| Result | Questions answered in favour of respondent |
| Cases Cited | Webb v PDL Holdings Ltd unreported, H Doyle, 17 January 2003, CA 2/03 |
| Number of Pages | 6 |
| PDF File Link: | wa 7_05.pdf [pdf 31 KB] |