| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 153/07 |
| Hearing date | 31 Oct 2007 |
| Determination date | 21 November 2007 |
| Member | G J Wood |
| Representation | N Flint ; M Raymond |
| Location | Wellington |
| Parties | Hinde v Lenovo (Australia & New Zealand) Pty Ltd |
| Summary | DISPUTE - Applicant sought payment of retention award under individual employment agreement - Payment conditional on satisfactory performance - Respondent concerned applicant did not meet sales targets and considered overall performance needed improvement - Applicant claimed not subject to formal performance review and failure to meet targets due to reasons outside of her control - Submitted performing well compared to other staff - Letter setting out retention award clear - Conditional on performance as determined at respondent’s discretion - Discretion exercised in fair and reasonable manner - Entitled to rely on assessment applicant’s performance needed improvement even though formal process not completed as performance could be assess from sales figures - Applicant not entitled to payment - Sales |
| Result | Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 5 |
| PDF File Link: | wa 153_07.pdf [pdf 22 KB] |