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![Todd Dormer v Rhino-Rack New Zealand Limited [2026] NZERA 353 - ambiguous commission clause, Sales Commission Scheme, and unjustified disadvantage](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
Rhino-Rack recorded Todd Dormer's commission entitlement only as '10% paid quarterly'. He argued this meant 10 percent of sales or gross margin, while the company said a broader Sales Commission Scheme with individual, regional and company targets applied.
Jennifer Jacobsen was dismissed by email only days into part-time work for Cube Innovations. Cube relied on a 90-day trial even though the evidence indicated she had started work before signing the agreement and the employer had not given the contractual notice required by the clause.
Stephen Nunn was dismissed by Port Nicholson Fisheries after investigations into crayfish compliance issues. The case examined the quality of two disciplinary investigations, including reliance on an earlier warning, withheld information, unseen CCTV material, suspension and whether alternatives to dismissal were considered.
Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.
Barber Raheel Reddy was dismissed by text after ongoing lateness and attendance concerns. Studio Image argued he had resigned or that termination was justified, but there had been no proper disciplinary process giving him a fair opportunity to answer the concerns.
Part-time farm assistant Natalie Butler-Smith was dismissed in February 2024 around the end of parental leave, with the employers raising health-and-safety concerns and disputing aspects of work performed during leave. The respondents did not appear at the investigation meeting.
Devon Whitham entered a tattoo and piercing apprenticeship that Brutalitees described as unpaid and contractor-like despite exercising close control over her work. The case concerned her true employment status, unpaid work and the heated meeting at which the relationship ended.
Aurora Developments disputed when quantity surveyor Junchen Xu became an employee, saying his first month was only unpaid learning and observation, and later made him redundant without a proposal or consultation. He also claimed wages, incentives and holiday entitlements.
