Verbal agreement on commission stands without written agreement

Employee agreed to certain level of sales commission when hired but no written contract was provided
|Canadian Employment Law Today|Last Updated: 10/01/2014

An Ontario worker is entitled to the greater benefit of a commission agreed to verbally as compensation when she was hired, rather than just the minimum wage, the Ontario Labour Relations Board has ruled.

In July 2012, Starr Smith responded to an advertisement placed in the newspaper with the heading “Cash paid daily” and stating that the job — involving telephone sales — would provide “$300 – $500 per day in advertising sales.” The position was with a numbered corporation operating as a specialty advertising company. The company provided promotional materials such as pens and coffee mugs with customized logos and names for clients.