| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 109/08 |
| Hearing date | 13 Dec 2007 |
| Determination date | 27 March 2008 |
| Member | A Dumbleton |
| Representation | J Burger (in person) ; D Blyth |
| Location | Auckland |
| Parties | Burger v Motorpol Australasia Ltd |
| Summary | ARREARS OF WAGES - BREACH OF CONTRACT - Employment agreement provided for quarterly bonus incentives - Claimed bonus not paid when due - Dispute as to amount owed - Applicant on ACC for six weeks - ACC paid 80 percent of applicant's earnings assessed at level received before accident - Applicant claimed because respondent had not paid bonus when due earnings related compensation received from ACC reduced - Sought compensation for reduction - Respondent acknowledged bonus not paid on time - Applicant paid part of bonus after applied to Authority - Respondent also acknowledged that, in principle, should compensate applicant for any shortfall in ACC payments - However, respondent concluded applicant overpaid as had voluntarily paid him difference between 80 percent and full earnings while on ACC, and applicant received ACC payments for three days while on paid sick leave - Authority accepted applicant owed amount claimed - Respondent produced little evidence to show why applicant's figure incorrect - Respondent to pay outstanding bonus owed - Authority found applicant entitled to be compensated for reduction in payments received from ACC - Did not accept respondent could offset compensation for reduction against voluntary payments it made to applicant - However ACC payment received while on paid sick leave to be deducted from amount owed - Applicant to be paid outstanding bonus and money for ACC payments made at incorrect amount - 10 percent interest awarded - Sales engineer |
| Result | Application granted ; Arrears of wages ($1,670.78)(Bonus) ; Damages ($4,085) ; Interest (10%) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Arrears |
| Number of Pages | 5 |
| PDF File Link: | aa 109_08.pdf [pdf 22 KB] |