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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44867
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm a sales rep and my employer keeps finding excuses not to

Customer Question

I'm a sales rep and my employer keeps finding excuses not to pay my commission. I'm up to a total of approx $7,000 in unpaid commission in the last 12 months, while he continues to pay other sales reps that are not entitled to their commission. What can i do about this?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a contract and what does it say about the payment of the commissions?

Customer: replied 2 years ago.
Hi Leon. Thank you for your reply. I have attached the contract below.
Incentive Scheme is designed to reward you for driving profitable and sustainable sales growth for the future success of our company, whilst achieving your budget. Individual budgets will be set in Q1 or prior, for the incentive year, which runs from July to June each financial year.
When you achieve your gross profit budget for the month you will be entitled to a payment of $500.
If you are the highest performing Sales Representative - Clinical for the month and have achieved budget, you will be entitled to an additional payment of $1,000.
Payments are monthly and will be processed the following month in the last pay run for that month, unless otherwise advised.
End of Year
At the end of the financial year if you have exceeded your budget, you will be paid an overachievement incentive. The incentive is calculated at a rate of 10% of every dollar exceeded over the GP $ Budget.
Payments are made annually and any payment due will be processed the following July in the last pay run. Payment will be prorated for part years.
This plan is effective from 1 July 2015 and supersedes all previous remuneration and incentives. Please note:
· This scheme may be changed at management's discretion and two weeks' written notice will be provided prior to the implementation of any new scheme.
· Any new brands and significant, i.e. more than 5% of total turnover, product launches that have not been budgeted but are introduced in the period will not be included in this scheme.
When payment of any portion of the incentive is to be paid, you must still be employed by xxxx xxxx and must not be under notice or being managed under the Managing Performance process.
Payment of incentives, whilst acknowledges successful achievement of Gross Profit ($) budget, is not the only performance indicator used to determine satisfactory performance in role.
Payment of any portion of the incentive is made dependent on the Company remaining profitable after all bonuses have been calculated.
Expert:  Leon replied 2 years ago.

Good Morning,

can you email me the Contract.***@******.***

it is not attached and by emailing it remains private. \