| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/09 |
| Hearing date | 24 Oct 2008 |
| Determination date | 20 January 2009 |
| Member | L Robinson |
| Representation | D Kilpatrick ; W McKeague |
| Location | Queenstown |
| Parties | Wensley Developments Ltd v Boulgaris |
| Summary | RECOVERY OF MONIES – Applicant sought to recover overpaid advance commission payments from former employee – Respondent claimed no monies owing because “wrong projections given to induce his employment” – Respondent argued sales lower than expected and unable to earn expected commission – Authority found projections were only forecasts – Individual employment agreement (“IEA”) stated could not rely on pre-contractual terms – Found respondent continued to receive advance payments on commission never earned – Respondent aware was being paid more than was earning – No guarantees in IEA regarding quantum of commission – In letter to applicant, respondent accepted position put to him by applicant - In equity and good conscience, respondent should not be permitted to resile from that acceptance – No merit in respondent’s defences – Monies owing - 6 percent interest |
| Result | Application granted ; Recovery of monies ($163,635)(Overpayment of commission) ; Interest (6%) ; Costs reserved |
| Main Category | Recovery of Monies |
| Statutes | Wages Protection Act 1983 s5 |
| Number of Pages | 7 |
| PDF File Link: | ca 5_09.pdf [pdf 27 KB] |