| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 392/09 |
| Hearing date | 20 Aug 2009 |
| Determination date | 06 November 2009 |
| Member | V Campbell |
| Representation | J Watson ; S Langton |
| Location | Auckland |
| Parties | Pires v Norfolk Electrical and Mechanical Ltd t/a Climatec |
| Summary | DISPUTE – Interpretation of employment agreement – Applicant claimed respondent failed to pay all commission payments due – Applicant claimed entitled to payment of 5 percent commissions after sales budget reached – Respondent argued requirement of 25 percent profit margin before commissions payable – Requirement of 25 percent profit margin highlighted to applicant in email – Authority found applicant not entitled to any commission payments until 25 percent profit margin reached – COUNTERCLAIM – Recovery of monies – Respondent argued applicant overpaid commission payments and sought repayment plus interest – Applicant advised overpaid – Found applicant overpaid $5,498 and holiday pay of $981 – No interest payable – Sales engineer |
| Result | Question answered in favour of respondent ; Recovery of monies ($5,498)(overpaid holiday pay)($981)(overpaid commission) ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | ASTE v Chief Executive of Bay of Plenty Polytechnic [2002] ERNZ 491 |
| Number of Pages | 5 |
| PDF File Link: | aa 392_09.pdf [pdf 23 KB] |