| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 364/07 |
| Hearing date | 10 Sep 2007 |
| Determination date | 21 November 2007 |
| Member | J Scott |
| Representation | S Scott ; J Hardaker |
| Location | Auckland |
| Parties | Aitchison v Intalink Ltd |
| Summary | ARREARS OF WAGES - Applicant sought commissions earned during employment - Applicant initially employed on salary plus commission subject to minimum increased revenue - Respondent claimed during employment parties agreed on increased salary and removal of commission - Changes not recorded as variation to employment agreement - When applicant resigned sought outstanding wages and commission - Claimed did not give up entitlement to commission and met conditions for payment - Respondent disagreed, argued applicant to develop new business and applicant’s calculations included existing business - Also submitted commission based on increased profit, not turnover - Credibility finding in favour of respondent - Parties agreed to salary increase and removal of commission payments - However, entitled to commission payments for time before variation agreed to as plain words of employment agreement stated commission subject to increase in turnover and did not mention restricted to new clients - Parties to calculate commission owing - Order prohibiting publication of respondent’s financial information - Business Development Manager |
| Result | Application granted in part ; Arrears of wages (Quantum to be determined) ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Martin v Rubicon unreported, RA Monaghan, 22 November 2002, AA 341/02 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |