| Summary |
DISPUTE - Whether respondent agreed to provide applicant with 20 artificially bred weaned heifer calves or 20 four day old calves - No dispute applicant owed something, issue being what was offered and agreed to, and so therefore outstanding - Agreement not in writing - Respondent purchased property applicant worked on and offered applicant position - Parties met to discuss employment agreement - Respondent declined applicant’s proposed salary increase - Parties discussed bonus structure respondent had in place for other employees - Respondent said agreed extra money applicant sought could be available by way of at-risk bonus - Respondent claimed only after bonus discussed that issue of applicant rearing calves raised - Parties agreed applicant offered 20 calves but respondent claimed offer was part of performance bonus scheme and never agreed applicant would receive weaned heifer calves - Considerable difference in value between four day old calves and weaned heifer calves - Applicant claimed when raised issue of calves some months later respondent said would sort out it out - Respondent said applicant indicated would not be raising calves and so confirmed with him that therefore bonus would be solely monetary - Respondent made settlement offer prior to applicant resigning - Authority considered more likely than not agreement was for 20 four day old calves and value of calves would then be deducted from performance bonus payable - Unlikely respondent would have offered applicant remuneration package valued at more than pay increase applicant had sought that respondent had just rejected - More likely than not that when salary increase declined parties discussed performance bonus system as system already in place for other employees - Found respondent had not considered providing applicant with calves prior to meeting - More likely only reason calves offered because applicant discussed possibility of rearing them offsite - More likely was agreement to connect value of calves with performance bonus and deduct value from bonus - Authority found respondent agreed to provide applicant with 20 four day old calves and deduct value from performance bonus - Remedies - No calves set aside for applicant and applicant now employed elsewhere - Applicant awarded value of 20 four day old calves, being $3,000, plus interest from date would have received calves until respondent made settlement offer - Authority approached performance bonus on basis applicant would have received maximum payment then deducted value of calves - Applicant entitled to performance bonus in sum of $2,000 - Costs reserved but Authority noted may be case where appropriate for costs to lie where they fall - Herd Manager |