Commission earned Archives

Assessing nature of claims: Employment related or not?

by GilesFiles | Mar 17, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discrimination and equal pay: Dignity must be affected

by GilesFiles | Jul 20, 2024 | Causes and defences, CCMA awards, CCMA members, Costs, Courts, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Commission bonus considered: Amendment not agreed

by GilesFiles | Feb 19, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Selected judges, Topics, Trade | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Post employment commission: Earned and payable?

by GilesFiles | Mar 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Management, Orders, Parties, Policies - all, Private enterprises, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Earnings include commission: BCEA s6(3) rw s73A

by GilesFiles | Jul 26, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs awarded, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful penalty stipulation: Deduction from agent’s commission

by GilesFiles | Jul 28, 2020 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Declaratory, Estate agents, Evidence & onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Personal services, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Alleged oral agreement: Non-variance clause interpreted

by GilesFiles | May 31, 2019 | 2019, Causes and defences, Courts, Estate agents, Evidence & onus, Judges, Just and equitable relief, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Commission after employment: Depends on contractual terms

by GilesFiles | Dec 12, 2018 | 2018, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Orders, Specific performance, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Cost to company: Calculation of commission

by GilesFiles | Sep 11, 2018 | 2018, Anton Steenkamp, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, General, Judges, Labour Court, Labour Court judges, Labour Relations, Statutes (LRL 2)-work, Topics | 0 |

Emetonjor v Kintetsu World Express SA (Pty) Ltd Unusual contractual claim in the labour court for payment of a performance bonus based on commission calculated on the cost to company but the period was in dispute and Steenkamp...

Commission claim allowed: Unaffected by dismissal

by GilesFiles | May 12, 2016 | 2016, 2016, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Dennis Davis, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Landmark judgments, Miscellaneous, Roland Sutherland, Statutes (LRL 2)-work, Topics, Words & phrases | 1 |

Zapop (Pty) Ltd v CCMA (CA21/2014) [2016] ZALAC 16 ; [2016] 9 BLLR 910; (2016) ILJ 1882 (LAC) (12 May 2016) per Sutherland JA [Davis and Musi JJA concurring] Commission claim allowed: After being unfairly dismissed an employee...

Employing estate agents: New approach applied

by GilesFiles | Dec 4, 2009 | 2014 and earlier, André van Niekerk, Causes and defences, Courts, Dennis Davis, Estate agents, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

An employee is defined in LRA s 213 and excludes an independent contractor but it is still necessary to determine the true nature of any contractual relationship on the basis of the facts of each case. The courts have adopted...

Labour broking fiduciary: duty to employees?

by GilesFiles | Oct 30, 2009 | 2014 and earlier, Courts, Judges, LRA 198 Temporary employment services, Parties, Supreme Court of Appeal, Trust & confidence | 2 |

In Volvo (Southern Africa) (Pty) Ltd v Yssel (247/08) [2009] ZASCA 82 ; [2010] 2 BLLR 128 (20 August 2009) the Supreme Court of Appeal overturned the lower court decision and ordered Yssel to pay that amount with interest at...

Tag: Commission earned