| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 214/05 |
| Hearing date | 9 Jun 2005 |
| Determination date | 09 June 2005 |
| Member | V Campbell |
| Representation | R Kapadia (in person) ; M Gould |
| Location | Auckland |
| Parties | Kapadia v Namel Ltd (in receivership) formerly Rolle Ltd |
| Summary | DISPUTE - Dispute concerning interpretation, operation and application of bonus provisions in employment agreement - Business operations of respondent taken over by new company - Employees advised bonus payments for period up to date of takeover to be paid by old company and bonus payments for subsequent period to be paid by new company - Respondent put into receivership four days after takeover - No bonus payments made by old company or new company - Respondent to enter liquidation shortly after investigation meeting - Respondent accepted bonus payments owing on commissions already earned by old company at date of takeover totaling $27,242 due and owing - Applicant entitled to maximum payment of $15,000 gross as preferential claim on total amount owed - Remaining $12,242 to remain due and owing as unsecured claim - Bonus based on profitability not owed as accurate accounting evidence showed respondent made no profit in relevant period - Bonus on commissions finalised after date of takeover conditional on commissions having been paid to respondent - Commissions not paid to respondent so bonus not owed to applicant - Senior real estate agent |
| Result | Application granted in part ; Arrears of wages ($15,000 gross)(bonus payment) ; Costs reserved |
| Statutes | Receiverships Act 1993 s30 |
| Number of Pages | 3 |
| PDF File Link: | aa 214_05.pdf [pdf 13 KB] |