Brand v Compro Computer Services Ltd

Brand v Compro Computer Services Ltd

The entitlement to commission accrued when sales were made and signed time sheets were received, not when payment was due. The contract did not clearly require continued employment at the payment date for commission to be payable. Therefore, the appellant was entitled to commission earned before dismissal, subject to statutory limits on tribunal awards.

Parties
Appellant: Nicholas Brand; Respondent: Compro Computer Services Limited
Jurisdiction
England and Wales
Judgment Date
16 February 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal allowed
Legal Topics
Wrongful Dismissal, Commission Entitlement, Employment Contract Interpretation, Remedies for Breach of Contract
Employment Law Contract Law Wrongful Dismissal Commission Entitlement Employment Contract Interpretation Remedies for Breach of Contract

Case Brief

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Parties

Nicholas Brand

Appellant

Compro Computer Services Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the appellant was entitled to commission payments earned before dismissal but payable after termination of employment
  2. 2 Proper construction of the employment contract and commission scheme regarding post-termination commission payments

Ratio Decidendi

The entitlement to commission accrued when sales were made and signed time sheets were received, not when payment was due. The contract did not clearly require continued employment at the payment date for commission to be payable. Therefore, the appellant was entitled to commission earned before dismissal, subject to statutory limits on tribunal awards.

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 in substitution for £19,500.48