| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 148/07 |
| Hearing date | 15 Feb 2007 |
| Determination date | 16 May 2007 |
| Member | D King |
| Representation | T Lupi (in person) ; M Ryan |
| Location | Auckland |
| Parties | Lupi v We Want You Motor Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant transferred to new location - Alleged promised would be assistant to General Manager (“GM”) - Alleged hostility by GM, demoted to salesman, and managerial responsibilities removed - GM dismissed by Director and went to work for competitor - Applicant raised concerns about perceived demotion and other issues - Director had assumed applicant was happy as had not raised concerns previously - At end of meeting to discuss issues, applicant threatened to take respondent to court - Applicant’s behaviour deteriorated following meeting, given formal written warning - Applicant requested mediation but then resigned and went to work for same competitor as GM - Applicant solicited former colleagues to work at competitor - Authority did not accept applicant's account of transfer of location or promise of position - Given subsequent conduct could not accept evidence of poor relationship with GM - No dismissal or disadvantage - ARREARS OF WAGES - Claimed owed commission and bonus - Respondent had practice of lending potential buyers deposit to obtain finance, commission not paid to salesperson until loan recouped - Agreement did not provide commission could be withheld on that basis - Any payments withheld owing - Bonus payments discretionary - No bonus owed - Employees charged penalty fee if failed to lock up - Deductions unauthorised, to be refunded - Salesman |
| Result | Applications dismissed (Unjustified dismissal, unjustified disadvantage) ; Application granted (Arrears of wages) ; Arrears of wages (Quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 148_07.pdf [pdf 28 KB] |