Key recent developments in the area of Technology, Media and
Telecommunications are summarised below.
JUDGMENTS
Ruling on how to calculate IT employee's
commission
On 31 January 2019, the Supreme Court of New South Wales
upheld an appeal by a software sales and services company against
the method by which a magistrate had calculated an employee's
entitlement to commission: Dialog Pty Ltd v Sklar [2019]
NSWSC 15. The decision serves as a reminder that parties to an
employment contract should ensure there is no ambiguity as to the
manner in which sales commission is to be calculated. The dispute
centred on whether, when calculating the employee's entitlement
to commission on the "gross margin" of revenue which he
generated for the company, his base salary and the cost incurred by
the employer in providing technical services to clients should be
deducted. The employment agreement provided no elaboration on what
was intended by "gross margin". Fagan J determined
