Company request form for deduction of commission.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

chaosengine74

Member
29 July 2020
3
0
1
My employer has just sent me an email to pass on to our staff requesting we sign a document whereas if anyone makes a mistake and sells something below cost etc, the employer can deduct the outstanding amount from our commission. I understand he is entitled to ask, but we are not obligated to sign or give any reason for not signing. He is requesting a reason for employees not signing.

The terms are:

Liability for the mistakes of employees;
1.
Negligence on the part of an employee that leads to; damage and/or loss of company
property, tender mistakes, such as; undercharging a customer or allowing a customer
to take goods out of the store that have not been paid for in full.

2. Misconduct that leads to damage and/or loss of any company property or monies.

3.Reckless behaviour that leads to damage and/or loss of company property or monies.

I have asked the team to follow protocols regarding any mistakes made but also advised to hold off signing anything until I have some more information.
 

chaosengine74

Member
29 July 2020
3
0
1
Thanks Paul, I advised the teams that they were in no way obliged to sign anything and didn’t have to give any reason for it. I’ve now let them know this is a definite response.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
Even if they signed such a document, it is quite likely:
  1. it cannot be enforced in a court; or
  2. the employee has a cause of action against the employer for underpayment of commissions.
 
  • Like
Reactions: chaosengine74