The applicant, an independent financial advisor, brought an application to recover service commissions withheld by the respondent company.
The respondent had implemented a new policy making the payment of service commissions dependent on new sales performance.
The court interpreted the Financial Security Advisor Contract between the parties and found that, although service commissions were not explicitly listed in the compensation schedule, they were contemplated by the contract.
The court held that the clear and unambiguous wording of the contract allowed the respondent to modify or withdraw any established pay arrangement, including service commissions, for failure to meet minimum performance standards.
The application was dismissed.
