Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 99/09
Hearing date 4 Dec 2008
Determination date 31 March 2009
Member L Robinson
Representation A McLean ; S Winslett
Location Auckland
Parties Adams v NYK Logistics Ltd
Summary ARREARS OF WAGES – Applicant sought declaration failure to review performance breached employment agreement (“EA”) – Authority found EA breached and confirmed allegation – However no personal grievance raised within time - Applicant sought declaration remuneration made up of Gross Annual Salary, Net Vehicle Allowance and bonus of $20,000 – Applicant claimed increased respondent’s sales therefore entitled to bonus – Authority declined declaratory relief – Found remuneration schedule did not specify entitlement to $20,000 – Found $20,000 maximum sum determined by specified criteria - Applicant sought bonus with respect to “Used Vehicle Imports”, Domtex and freight forwarding component – Found applicant’s monthly averages insufficient for “Used Vehicle” bonus – Found not entitled to Domtex bonus – Found entitled to freight forwarding bonus of $300 – Sales Manager
Result Application partially granted ; Arrears of wages ($300)(Bonus) ; Costs reserved
Main Category Arrears
Number of Pages 4
PDF File Link: aa 99_09.pdf [pdf 21 KB]