Western Australian Industrial Relations Commission

Payment of a salary increase and commission were not denied benefits

The Commission has dismissed a denied contractual benefits claim made by a Store Manager who alleged that she was entitled to the payment of commissions and a salary increase.

The Store Manager claimed that the salary increase was discussed at her interview for the position as well as contained in an email to the applicant from the recruitment agency. Walkington C also considered the respondent's unchallenged evidence that the recruitment agency was a third party and not able to make representations on its behalf. Walkington C determined that a review of salary does not guarantee an increase and that this benefit was not contained in the contract of employment.

Walkington C also dismissed the Store Manager's claim for a commission payment. She decided that it was not an implied term of the employment contract, a variation to the contract of employment or a collateral contract. Walkington C found that there was no evidence before the Commission to suggest that the payment of commissions was an implied term based on widely-known industry practice or that commissions were paid based on the gross profit per week. Walkington C then dismissed the contention that the contract of employment was varied to include a term for in circumstances where a table for commission payments was provided to the Store Manager.

Finally, Walkington C dismissed the claim that there was a separate collateral contract and she found that there was no evidence before the Commission that either established an intent to create legal relations, or, set out the arrangements between the respondent and the recruitment agency.

The Commission dismissed the application.

The decision can be read here.

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