JTK Dismisses Employee’s Commission Claim: Clear Proof of Entitlement Required — Victory for New Me Marketing Sdn Bhd
NZSK Legal, led by Lawyer Khoo Ai Theng, successfully represented New Me Marketing Sdn Bhd in defending a commission claim filed by a former employee at the Jabatan Tenaga Kerja (JTK). The employee alleged that the Company owed outstanding commissions and sought relief under the Employment Act 1955.
During the proceedings, Lawyer Khoo Ai Theng established that commissions under the employment arrangement were strictly conditional upon meeting specific sales targets, client confirmation requirements, and successful completion of the sales cycle. The employee failed to fulfil these contractual conditions and could not substantiate any entitlement to the commissions claimed.
After reviewing the evidence and submissions presented by Lawyer Khoo Ai Theng, the Labour Officer accepted the Company’s position that no commission had been earned or accrued. The JTK therefore dismissed the employee’s claim in its entirety.
This decision reinforces the legal principle that employees must prove clear entitlement to commission before payment can be ordered, and employers are not liable when contractual conditions for commission have not been met. The outcome also highlights NZSK Legal’s strong track record—particularly under the advocacy of Lawyer Khoo Ai Theng—in successfully defending employers in wage and commission disputes before the Labour Department.
