| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 97/10 |
| Hearing date | 8 Apr 2010 |
| Determination date | 14 May 2010 |
| Member | G J Wood |
| Representation | P Whitehead ; S Wilson |
| Location | Wellington |
| Parties | Whitehead v Modica Group Ltd |
| Summary | ARREARS OF WAGES – DISPUTE – Whether applicant underpaid performance bonus pursuant to employment agreement (“EA”) – Applicant claimed bonus to be calculated quarterly and uncapped – Claimed failure to calculate bonus correctly led to underpayment - Respondent argued no underpayment – Bonus clause provided bonus payment paid quarterly based on achievement of task based targets and uncapped – Authority found and parties accepted, performance bonus assessed quarterly pursuant to EA – Found applicant correctly paid on quarterly calculation – Found uncapped portion of bonus to be assessed on annual basis consistent with annual targets – Found bonus clause for performance over the year – Found applicant left employment before reaching 100 percent of revenue target to qualify for out-performance bonus – Question answered in favour of respondent – Application dismissed |
| Result | Question answered in favour of respondent ; Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Number of Pages | 4 |
| PDF File Link: | wa 97_10.pdf [pdf 19 KB] |