Source: All England Reporter
Publisher Citation: [2016] All ER (D) 44 (Mar)
Neutral Citation: [2016] EWCA Civ 115
Court: Court of Appeal, Civil Division

Elias, Beatson and Vos LJJ

Representation Matthew Winn-Smith (instructed by Bookers & Bolton, Alton) for H.
  Alexander Robson (instructed by DMH Stallard LLP) for Niksun.
Judgment Dates: 1 March 2016


Employment - Remuneration - Commission - Claimant being employed by defendant for nine months as defendant's regional sales manager in United Kingdom - Judge finding claimant being underpaid commission in respect of deal - Judge finding defendant should have allocated two-thirds of available commission to UK office - Whether judge erring in construction of contractual documents finding UK office entitled to higher commission.

The Case

Employment Remuneration. The Court of Appeal, Civil Division, dismissed the defendant's appeal in respect of the judge's decision that the claimant had been underpaid commission in respect of a deal and that the defendant should have allocated two-thirds of the available commission to the United Kingdom office. In particular, the court considered whether the judge had been right to have interfered with the defendant's exercise of what it described as the broad discretion provided to it in the contractual documents.

Practice Areas

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