Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 76/06
Hearing date 20 Apr 2006
Determination date 25 May 2006
Member H Doyle
Representation S Bonnafoux (in person) ; S Cowles
Location Christchurch
Parties Bonnafoux v Zico Ltd
Summary ARREARS OF WAGES – Claim for payment of performance bonus – Employment agreement provided for payment of bonus after each completed period of six months employment if performance satisfactory – Applicant resigned – Sought payment of bonus for final six months of employment – Informed bonus not payable as performance unsatisfactory – Payment of bonus not truly discretionary but required objective performance assessment in terms of duties and responsibilities – Performance measures never specified – No formal performance review before resignation – Some issues discussed but no clear evidence applicant told during employment that performance unsatisfactory – Performance bonus due and owing – Restaurant manager
Result Application granted ; Arrears of wages ($2,100)(Performance bonus) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
Number of Pages 7
PDF File Link: ca 76_06.pdf [pdf 38 KB]