| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 178/02 |
| Determination date | 13 June 2002 |
| Member | K J Anderson |
| Representation | J Mills ; M Gould |
| Location | Auckland |
| Parties | Hemming v JD Edwards New Zealand Ltd |
| Summary | COMPLIANCE ORDER - Compliance with terms of settlement sought - Alleged wrongly deducted sum from total agreed in settlement - Deducted advanced payment of commission from settlement sum - Alleged no entitlement to payment as commission not earned - Failed to ascertain whether commission earned or not - Majority of words of settlement clear and unambiguous - Commission payments not in mind at time settlement signed - Principles of equity and good conscience to be complied with - Obligations under terms of settlement not met - Deducted sum due and owing - Account executive |
| Result | Compliance order granted ; Costs reserved |
| Statutes | ERA s137;ERA s149;ERA s149(3);ERA s157(3) |
| Cases Cited | Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;Sadd v Iwi Transition Agency [1991] 1 ERNZ 438 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |