Commissions and mistake re dismissal


[2014] FCCA 2822 Tiago v John Hopkins Property Pty Ltd (the A claimed for commission she claimed was owing – cl. 17 of the Real Estate Industry Award deals with payment of commission after termination of employment – no commission found to be payable as the employment contract specified otherwise)

Dismissal – Mistake by employer

[2014] FWC 8877 NSW Yap v Tata Consultancy Services (“Having failed to locate domestic work within Mr Yap’s skill set Mr Yap was dismissed. TCS’s understanding of Mr Yap’s preference for domestic work was a mistake. It was careless. Mr Yap had a preference for domestic work but it was never the case that he would have refused overseas work if that was all that was available. As a result of that misunderstanding no overseas search was properly and appropriately conducted and Mr Yap’s employment was terminated” @10 – no valid reason for dismissal – dismissal harsh etc)