Commission Dispute
The client is dealing with an issue of unpaid commission from their previous employment in Western Australia. They resigned approximately three weeks prior and have yet to receive the commission they believe they are owed. The employer has stated they do not owe any commission due to the client's resignation. This situation involves legal matters concerning employment, unpaid wages, and specifically unpaid commission. The details provided are currently being used to understand the client's position and potential next steps.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal obligations does my former employer have to pay my commission after I’ve resigned?
Your former employer's obligation to pay commission after your resignation depends on the terms of your employment contract. If your contract specifies that commission is payable for work completed prior to your resignation, your employer is typically required to honour that. Review the contractual terms regarding commission, including any clauses about payment upon resignation. You are usually entitled to commissions earned before your departure unless specified otherwise in the contract. For further guidance on employment contracts and commissions, consider reviewing appropriate guidelines on worker rights and contract terms.
Are there any specific laws or regulations in Western Australia that protect my rights to unpaid commission after resignation?
In Western Australia, your rights to unpaid commission after resignation are largely governed by your employment contract and local employment law. If your contract specifies commission terms, your employer is generally obliged to honour these even after resignation. The law ensures that all employees are entitled to receive their full wages, which include commissions due before or after leaving their job. Check your employment contract for specific commission terms, and remember to cite these when discussing your claim.
If my employer claims I am not entitled to the commission because I resigned, what are my options to dispute this?
If your employer claims you are not entitled to commission due to your resignation, review your employment contract and any commission agreements for terms related to commission payment upon resignation. If your contract does not state forfeiture of commission upon resignation, you may have grounds to dispute the claim. Consider using internal grievance procedures to address the issue or seeking assistance from an employment tribunal. Document all communications and evidence of the agreed commission structure.
What is the process for initiating a claim for unpaid wages or commission? Is there a time limit for doing so?
To initiate a claim for unpaid wages or commission, you can start by attempting to resolve the issue directly with your employer through informal discussions or mediation. If this doesn’t work, you can file a claim with the appropriate tribunal. The time limit to bring a claim is typically three months minus one day from the date of the last unpaid wage or commission payment. It’s crucial to adhere to this deadline, as late claims may not be accepted.
