| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 19/02 |
| Determination date | 18 February 2002 |
| Member | P R Stapp |
| Representation | K David ; DR Frampton |
| Location | Wellington |
| Parties | Furze v Terson Industries Ltd |
| Summary | BREACH OF CONTRACT - Whether contract harsh and oppressive - No jurisdiction - Whether misled about likely sales and commission - Fixed term contract - Option to extend contract by 3 or 18 months - Alleged overpayment of commission on bonus - Payments not to be reclaimed if agreed to extension of contract - Believed applicant had agreed to extension for 18 months - Asserted extension for 3 months only - Continued to work after end of 3 months - On resignation told to repay commission overpayments - Payment offset against final pay - Alleged pressurised to sign contract - Denied owing money - Credibility - Respondent's evidence preferred - Not misled or forced to sign contract - Resigned voluntarily - No breach of good faith or trust and confidence obligations - Final pay due and owing - Repayment of commission payments ordered - Offsetting of amount permitted by contractual clause - Applicant to pay balance owing to respondent |
| Result | Application dismissed ; Monies owing to respondent ($8,543.42) ; Costs reserved |
| Statutes | Wages Protection Act 1982 |
| Number of Pages | 9 |
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