| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126/02 |
| Hearing date | 3 Apr 2002, 12 Apr 2002 & 16 Apr 2002 (3 days) |
| Determination date | 01 May 2002 |
| Member | T Woods |
| Representation | T Drake ; S Hachache & M Corlett |
| Location | Auckland |
| Parties | Cameron v Intermech Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to strike out counterclaim - Failed to raise concerns at earlier opportunity - Appropriate that counterclaim be investigated - Matter adjourned to allow applicant to prepare - ARREARS OF WAGES - Alleged refusal to pay commission in relation to sales achieved prior to resignation - Conceded that commission owing - Commission on other items due and owing - Payment of commission for quotations given prior to termination also sought - Claimed agreement reached on payment - No meeting of minds - Agreement on payment of commission not concluded - Not appropriate to imply term into employment contract - Customer required to accept quote before commission became payable - No obligation to pay commission on unaccepted quotes - PENALTY - Penalty sought for deliberately withholding commission payments - No deliberate breach of contract - Inappropriate to order payment of penalty - Sales Manager |
| Result | Application granted in part ; Arrears of wages ($6,199) ; Costs reserved |
| Cases Cited | Madison Systems Ltd v Scott [1999] 2 ERNZ 154;Sellers v London Counties Newspapers Ltd [1950] KB 784 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |