| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/09 |
| Hearing date | 29 May 2009 |
| Determination date | 10 September 2009 |
| Member | Y S Oldfield |
| Representation | L Foulkes (Applicant in person) ; M Austin |
| Location | Auckland |
| Parties | Foulkes v Good Start Property Developments Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and bonuses – Respondent acknowledged obligations to pay arrears of wages and holiday pay – Respondent disputed claim for bonuses – Respondent argued bonus scheme ran on basis of set criteria but operation discretionary – Respondent claimed withdrew scheme because of financial problems – Respondent alternatively argued bonus not payable on application of criteria – Authority found applicant acted in reliance on belief scheme still in place – Found reasonable belief because had not been told otherwise – Found scheme not withdrawn during employment because applicant not advised – No evidence criteria for bonus not met – Found applicant entitled to full payment of bonus – Order made for sum claimed |
| Result | Application granted ; Arrears of wages, holiday pay and bonuses ($1,287.96) ; No order for costs |
| Main Category | Arrears |
| Number of Pages | 6 |
| PDF File Link: | aa 325_09.pdf [pdf 31 KB] |