| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 103/10 |
| Hearing date | 29 Oct 2007 |
| Determination date | 30 April 2010 |
| Member | P Montgomery |
| Representation | H Miller (Applicant in person) ; M Pearcy |
| Location | Christchurch |
| Parties | Miller v Michael Pearcy Investments Ltd |
| Summary | ARREARS OF WAGES - UNJUSTIFIED DISMISSAL - Constructive dismissal – Respondent accepted earlier Employment Court decision that applicant an employee and dismissal breached Employment Relations Act 2000 – Respondent argued commission not owing as applicant had not met sales threshold – Authority found given respondent’s acceptance at fault in dismissal process remedies to be considered – Subsequently, relationship between parties deteriorated – Applicant gave company vehicle keys to respondent which respondent considered as resignation – Authority found applicant’s behaviour in altercations fell short of acceptable – However, found partly fuelled by respondent – Found situation direct result of parties’ failure to establish and record terms of relationship – Found dismissal unjustified – Authority found had no way of knowing accuracy of respondent’s figures in relation to calculation of commission payment – Found approach to be taken based on Authority’s equity and good conscience jurisdiction – Found majority of sales made by applicant – Found applicant entitled to commission at 5 percent on sales – Remedies – Found $8,000 compensation appropriate – Found $4,903 reimbursement of lost wages – Found $2,179 arrears of holiday pay – Authority ordered respondent to pay applicant $4,875 in unpaid commissions – Sales person |
| Result | Applications granted (Constructive dismissal)(Arrears of wages) ; Reimbursement of lost wages ($4,903.85) ; Arrears of holiday pay ($2,179.48) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($4,875)(Commission payments) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA 2000 |
| Number of Pages | 5 |
| PDF File Link: | ca 103_10.pdf [pdf 29 KB] |