| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 380/08 |
| Hearing date | 21 Oct 2008 |
| Determination date | 05 November 2008 |
| Member | J Scott |
| Representation | S Scott ; J Hardaker |
| Location | Hamilton |
| Parties | Aitchison v Intalink Ltd |
| Summary | PRACTICE AND PROCEDURE – Determination of remedies – Previous determination found applicant entitled to commission of 10 percent of gross profit subject only to $5,000 of increased turnover per month in respect of all of respondent’s clients for seven month period – Parties unable to reach agreement on quantum – Applicant suspicious of respondent’s changing calculations – Authority found burden of proof on applicant to show commission payable – Found applicant only presented to Authority information from own head – Found respondent provided comprehensive summaries of revenue, costs and gross profit – Found respondent refined figures over period of inquiry – Found figures supported by invoices and records of staff time billed – Found adequate documentation to allow Authority to check respondent’s figures for revenue and costs, to allow calculation of gross profit and consequently commission payable – Found applicant entitled to commission payment of $2,501 for month of September only - COSTS – Partially successful claim – Found second investigation meeting was not necessary - Found Calderbank offer made greater than sum applicant recovered – Costs to lie where they fall |
| Result | Orders made ; Arrears of wages ($2,501.86)(commission payment) ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |