Brand v Compro Computer Services Ltd [2004] EWCA Civ 204 (16 February 2004)

Brand v Compro Computer Services Ltd [2004] EWCA Civ 204 (16 February 2004)

The entitlement to commission accrued when sales were made and signed time sheets received, not when payment was due. Clause 6(1) did not impose a requirement that the employee be in full-time employment at the date of payment for commission earned before dismissal. The Employment Tribunal and Employment Appeal...

Source-derived case information.

Citation
[2004] EWCA Civ 204
Parties
Appellant: Nicholas Brand; Respondent: Compro Computer Services Limited
Jurisdiction
England and Wales
Judgment Date
16 February 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Commission Entitlement, Wrongful Dismissal, Contract Interpretation, Employment Compensation
Employment Law Contract Law Commission Entitlement Wrongful Dismissal Contract Interpretation Employment Compensation

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Parties

Nicholas Brand

Appellant

Compro Computer Services Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to commission payments earned before dismissal but payable after termination
  2. 2 Proper construction of contractual clauses relating to commission entitlement upon termination of employment

Ratio Decidendi

The entitlement to commission accrued when sales were made and signed time sheets received, not when payment was due. Clause 6(1) did not impose a requirement that the employee be in full-time employment at the date of payment for commission earned before dismissal. The Employment Tribunal and Employment Appeal Tribunal erred in construing the contract to deprive the appellant of commission earned before termination.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Compro Computer Services Limited to pay Nicholas Brand £25,000 for breach of contract