| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 226/07 |
| Hearing date | 11 Jun 2007 |
| Determination date | 03 August 2007 |
| Member | V Campbell |
| Representation | B Bradshaw (in person) ; J Douglas |
| Location | Hamilton |
| Parties | Bradshaw v James Pascoe Ltd |
| Summary | DISPUTE – Applicant claimed entitled to receive proportion of manager’s bonus at end of employment for period of financial year she work – Applicant had previously received proportion of bonus when took temporary assignment and provided evidence from another employee who received pro rata bonus when left employment – Respondent denied applicant entitled to bonus and submitted payment of bonuses discretionary – Employment agreement silent on payment of bonuses – Respondent had previously issued policy stating bonus discretionary, which applicant had not challenged – Bonus payment discretionary policy, not contractual obligation – Respondent entitled to exercise discretion not to pay applicant bonus - Manager |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | ANZ National Bank Ltd v Doidge [2005] 1 ERNZ 518 (EC);Carter Holt Harvey Ltd v Pawson [1998] 2 ERNZ 1 (EC);Rotorua District Council v Kameta unreported, Travis J, 6 December 1994, AEC;73/94 |
| Number of Pages | 4 |
| PDF File Link: | aa 226_07.pdf [pdf 21 KB] |