Commission payment post termination

[Kimmyj]

Hi,
I was working under an award agreement where I was paid a salary and standard % commission for all sales I made.
I have since left and my ex employer is refusing to pay out the commissions on the sales I made that settled after I left.
My contract states “If your employment is terminated pursuant to clause 14 of this agreement, any outstanding commissions will be paid to you as due consistent with the terms of the Company’s commissions policy."
Firstly, before resigning I requested a pay rise to which I was advised my commissions are calculated into my renumeration and there for as im making reasonable commissions my hourly rate will not be increased as it “shows” im making more money thank the previous year. (Note I had not had a pay rise in 4 years)
I wish to fight this as I worked so hard on getting those sales and continued to make sales after putting my notice in, with the understanding I would be paid them. It’s approx 6-8k which is a lot for me.
Do u have a chance?
Also worth noting I was never given a copy of the “company’s commission policy”

 

[CSFLW]

Kimmy, how much money do you say you are owed.

 

[Kimmyj]

Around $5-6k

 

[CSFLW]

What date did you leave your previous employer

 

[Kimmyj]

Start Feb., about 4 weeks ago

 

[CSFLW]

Okay. You can make an application to the Small Claims Court of the Federal Circuit and Family Court for underpayment.

Legal action in the small claims court - Fair Work Ombudsman

Taking legal action in the small claims court is a good option when a workplace dispute can’t be resolved voluntarily. Find out what is involved when you do this.

www.fairwork.gov.au

 

[Kimmyj]

So you feel it’s worth fighting?

 

[CSFLW]

Without seeing the employment contract and financial documents I cannot say.

 

[Rod]

Do u have a chance?

Yes. If the money is important to you, it is worth a shot. I can't comment on your chances because I haven't seen any paperwork.

I agree a small claim is the way to go.

I suggest you do as much as possible yourself and only use a lawyer for advice on specific aspects where you do not know what to do. We can help if needed.

 

[Kimmyj]

I’ve had sone free advise
“If you were to challenge him I would definitely suggest utilising Fair Work and trying to recoup within that system. If you were to go the legal route I would suggest it may be that the legal fees would be close to or eclipse the amount you are claiming.”

Is the small claims associated with fairwork, should I go fairwork first the small claims or just straight to small claims?

Thank you 🙏🏽