Dealer’s commission practices too shady for used-car salesman

Commission agreement confusing, says court
|Canadian Employment Law Today

A car dealership has come under fire from an Ontario court for the unclear commission agreement it required its sales staff to sign.

In August 1994 Bradley Gallagher was hired by John Bear Pontiac Buick Cadillac Ltd. as a used car salesman. He never signed a formal employment contract, but sales staff were annually shown a “pay packet agreement” that outlined the commission payments they’d earn.

Gallagher said he never paid much attention to the calculation of his commissions. But despite selling just as many cars, his income dropped from 1999 to 2000 and again from 2000 to 2001. He said he spoke to assistant manager James Finley, but that despite several conversations about how commissions were calculated it remained “very confusing” to him.