| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 461/10 |
| Hearing date | 24 Mar 2009 - 13 Oct 2009 (3 days) |
| Determination date | 27 October 2010 |
| Member | Y S Oldfield |
| Representation | R Harrison ; S Neville |
| Location | Auckland |
| Parties | Beckett v Herbert Insurance Group Ltd |
| Summary | DISPUTE – ARREARS OF WAGES – Applicant sought to recover unpaid bonus plus interest – Respondent claimed no bonus payable – Offer of employment contained in email and contained base salary and incentive component of remuneration – Respondent claimed incentive scheme included income from commission only and not fees – Applicant disagreed – Authority found premium income and brokerage did not include fees – Found fees to be excluded from incentive calculation – Parties agreed Mortgage Indemnity Insurance and Mortgage Impairment Insurance must be excluded from incentive calculations – Parties disagreed about what fell within special risks category and whether included Investment Managers Insurance (“IMI”) – Found income from IMI to be excluded from incentive calculations – Parties disagreed on whether there should be deduction for business new employee attracted after joining company – Found no deductions to be made – Applicant claimed adjustments already made regarding Gold Coast (“GC”) account and no further deduction required – Found management accounts included GC business not originally agreed to be included as income for purposes of bonus calculation – Found incentive payment not payable unless agreement first – Found GC income to be excluded from incentive calculations – Found Norfolk Island business fell within New Zealand account and should be included in incentive calculations – Interest payable – CEO, Fire and General Division |
| Result | Questions answered ; Arrears of wages ($9,626.88) ; Interest (5.2%) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA Second Schedule cl11 |
| Number of Pages | 12 |
| PDF File Link: | aa 461_10.pdf [pdf 34 KB] |