VIC Commission Payments

[Dspurs]

My current role is base salary plus commission..

My employment contract does not have anything specific about commission payments but I have about 3 years worth of commission payment history.

In FY 19/20 I have a copy of the actual commission plan set up on an email and I e been paid out the commission owed but there is an outstanding payment due two months in arrears from the end of the financial year .

the owner is refusing to pay me the outstanding amount (approx 20K) with no justificationso my question is can he do this or is he legally obliged to pay me?

This leads to my second question, if I resign is the emailed commission plan sufficient for me to get paid out the owed commission as part of my final payment?

thanks I’m advance for any help provided.

 

[CSFLW]

Before you resign, you should press for your commissions.

If the employer refuses to pay the commissions, you may have a case of repudiation of you workplace contract.

 

[Dspurs]

How would repudiation of workplace contract work when there is nothing in my contract about getting paid commission?

Or does the email from the business confirming the plan (containing details on targets, payment amounts, payment frequency etc.) and my acceptance work as a contract?

 

[CSFLW]

Not all workplace contracts (or contracts in general) need to be in writing.

In your case, and I am only going on what you have posted, there is a pattern of performance by both parties.

For example, see Schoch v Mineralogy Pty Ltd & Ors [2015] QSC 326

If you need any further help, please email us: [email protected]

 

[Rod]

1. the owner is refusing to pay me the outstanding amount (approx 20K) with no justification, so my question is can he do this or is he legally obliged to pay me?

2. This leads to my second question, if I resign is the emailed commission plan sufficient for me to get paid out the owed commission as part of my final payment?

1. There is a very good chance your contract has been varied by agreement and the actions in paying you speak to a legally enforceable variation. An issue to be explored is whether the terms of the variation indicate what happens when the employment relationship ends. There is not enough detail to know.
2. Can't say. The wording of the email becomes important. I have seen situations where an entitlement to a commission disappears if the person's employment ends before a particular date/event.