| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 64/10 |
| Hearing date | 10 Nov 2009 - 28 Jan 2010 ( 2 days) |
| Determination date | 12 February 2010 |
| Member | R A Monaghan |
| Representation | M van Meygaarden (in person) ; J Weavers |
| Location | Auckland |
| Parties | van Meygaarden v Rave Radio Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY- Applicant claimed owed unpaid commission and holiday pay – Respondent claimed applicant had no entitlement to commissions and not owed holiday pay – Applicant claimed as respondent not ready to support service delivery manager role applicant would be employed in retail store in meantime – Claimed commission would be payable on sales achieved – Respondent denied applicant effectively temporary sales employee and entitled to commission – Parties disputed what, if any, commission documents given to applicant – Authority not persuaded document respondent relied on in respect of applicant’s commission was applicable document ; Found applicant entitled to commission payment of $890 – Found applicant entitled to holiday pay of $449 - RECOVERY OF MONIES – Counterclaim – Respondent claimed applicant should repay three weeks wages as failed to provided required notice period – Found applicant’s grounds for believing could give one weeks notice not valid – Found was deduction clause in employment agreement – Found deduction from applicant’s wages for shortfall in notice was permissible – Found deducting commission and holiday pay owed to applicant from amount applicant owed respondent, applicant to pay respondent $679 - Respondent claimed applicant owed specified sum in respect of clawbacks from sales – Authority found no legal basis for seeking to recover clawbacks from employee responsible for sale independently of any commission arrangement - Application dismissed - Service Delivery Manager |
| Result | Applications granted (Arrears of wages)(Arrears of holiday pay) ; Counterclaim granted in part ; Recovery of monies ; ($679.18) ; Costs reserved |
| Main Category | Arrears |
| Statutes | Wages Protection Act 1983 s4;Wages Protection Act 1983 s5(1) |
| Number of Pages | 8 |
| PDF File Link: | aa 64_10.pdf [pdf 29 KB] |