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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22169
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi, I work as a mainly commission payed salesman and the company

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Hi, I work as a mainly commission payed salesman and the company i work isn't paying me for some of the deals that i have closed, they say it is due to first contact rules, but can't/won't define them and this makes for a very hostile working environment where some people also receive the hotter leads over other sales people, we work incredibly long hours, for which I don't get any hourly benefit from the salary part of my pay and when public holidays are worked there is no record kept or day is lieu. Is this fair and is there anything i can do?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Even where you are paid on commission you are entitled to be treated fairly in the way the commission is paid out, and to have fair rules about how the first contact system works. This means that you can claim a personal grievance through the Employment Relations Authority where you are being disadvantaged in the application of the rules.
christhelawyer : They must develop rules which treat all the employees fairly, and make the rules available and understandable.

What evidence do i need to provide?

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Customer: replied 3 years ago.


Thanks for checking in. If I need anything else I will come back to you. If
you would really like to be helpful, please answer part 2 of my question,
otherwise, thanks, but don't spam me any more.


The evidence needed would be the pay and commission records, the hours worked and you should try to keep a diary of the way this has been working, with examples where you have lost leads. A contemporary record is usually the best way to prove these issues.

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