| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 100/08 |
| Hearing date | 12 Feb 2008 |
| Determination date | 18 March 2008 |
| Member | R Arthur |
| Representation | P O'Hagen ; P Anderson |
| Location | Auckland |
| Parties | O'Hagen v Hellmann Worldwide Logistics Ltd |
| Summary | ARREARS OF WAGES – Applicant claimed owed bonus payment not paid after resigned from respondent – Respondent argued applicant agreed to change on which bonus would be paid and business failed to generate earnings to trigger bonus payment – Applicant alternatively claimed required earnings level probably reached even if changes not agreed – Authority noted applicant’s case depended on suspicions about measures taken by respondent to alter company accounts – Authority found evidence of respondent’s financial controller more persuasive – Respondent argued “reasonably confident” discussed with applicant that bonus entitlements dependent on meeting 75 percent of operating earnings – Respondent sent email to applicant seeking confirmation of bonus discussions – Respondent sent second email to applicant as forgot to attach bonus review information to first email – Applicant replied to first email accepting discussions – Applicant claimed never saw second email attachment – Authority found unlikely applicant did not see attachment as first email referred to attachment – Found applicant knew and agreed to respondent’s bonus payment requirements – Respondent argued falling sales reason applicant’s division failed to meet requirements for bonus entitlement – Authority found applicant’s argument not well founded that respondent manipulated earnings and figures – Authority found highly artificial to ignore reality of bad debts in assessing targets – Found unlikely respondent would have gone to elaborate lengths to alter company accounts – Application dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA schedule 2, Clause 10;ERA s157(1) |
| Cases Cited | Kostic v Dodd & Milligan t/a Allan Milligan Cars and/or Motorworld Systems Ltd unreported, Couch J, 11 July 2007, CC 14/07;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] 1 ERNZ 808;Wanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 8 |
| PDF File Link: | aa 100_08.pdf [pdf 29 KB] |