| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 86/05 |
| Hearing date | 2 Mar 2005 |
| Determination date | 08 March 2005 |
| Member | A Dumbleton |
| Representation | I Gardner-Lee (in person) ; A Drake |
| Location | Auckland |
| Parties | Gardner-Lee v B.O.C Ltd |
| Summary | ARREARS OF MONIES - Alleged failure to pay bonus correctly - Company incentive scheme - Received bonuses based on supervisor level - Alleged should have received bonus based on sales level which had higher maximum - Difficulty quantifying loss since key performance indicators based on work as coordinator rather than sales specialist - Applicant unreasonably and unfairly treated by respondent - Respondent substantially changed written job description without consultation or even telling him - Job description excluded reference to sales as major component of job - Applicant unaware of changes until finished working for respondent - Appraisals of applicant done without his input or knowledge - Entire exercise under incentive scheme in relation to applicant significantly flawed because of respondent's failure to get applicant's input into changes made to position description and annual performance appraisal - Breach of implied term to act fairly and reasonably - Applicant unjustly deprived of chance or opportunity under scheme of being awarded higher bonus than received - Entitled to damages - Parties to determine quantum of compensation - If unable to resolve quantum Authority would do so upon being advised by applicant - Operations Coordinator/Sales specialist |
| Result | Application granted ; Damages (Quantum to be determined by parties) ; Orders accordingly ; No orders for costs |
| Cases Cited | Dorset v Chemcolour Industries (NZ) Ltd unreported, A Dumbleton, 8 April 2004, AA 117/04;Dorset v Chemcolour Industries (NZ) Ltd unreported, A Dumbleton, 2 June 2004, AA 117A/04 |
| Number of Pages | 4 |
| PDF File Link: | aa 86_05.pdf [pdf 25 KB] |