| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 29A/06 |
| Hearing date | 13 Jun 2006 |
| Determination date | 10 October 2006 |
| Member | D King |
| Representation | D Mallagahan ; C Patterson |
| Location | Auckland |
| Parties | Taylor v eCom New Zealand |
| Summary | ARREARS OF WAGES - Applicant claimed owed unpaid commissions - Performance incentive to be paid on all new business closed from new or existing clients" - Earlier determination held bonus to be paid on new business arising from applicant's efforts, not on new business simply concluded whilst employed - "New" business meant something not a continuation or retention of existing business - Interpretation of "new" business as something other than business company would get on day to day normal running sensible - Applicant also had to be instrumental in obtaining business and it had to be "closed" by him - Company policy did not consider new business closed until contract signed - Authority considered several transactions and found no commission owing - COUNTERCLAIM - PENALTY - Respondent claimed applicant breached confidentiality of mediation by telling Authority Support Officer no offer made - Unfortunate comment made, but Authority did not consider breach deliberate - Declined to award penalty - DAMAGES - Application to enforce undertaking as to damages - Applicant obtained interim reinstatement on garden leave - Dismissal justified - Applicant to reimburse wages paid by respondent plus interest - Business Development Manager" |
| Result | Application dismissed ; Counterclaim dismissed (Penalty) ; Counterclaim granted (Damages) ; Damages ($8,836.94) ; Interest (14.5%) ; Costs reserved |
| Cases Cited | Taylor v eCOM New Zealand Ltd unreported, D King, 12 December 2005, AA 474/05 |
| Number of Pages | 6 |
| PDF File Link: | aa 29a_06.pdf [pdf 68 KB] |