What is the test for wrongful dismissal when a plaintiff is in sales earning a base salary plus commission?
British Columbia, Canada
The following excerpt is from Beggs v. Westport Foods Ltd., 2010 BCSC 833 (CanLII):
The plaintiff in Khalil v. Infospec Systems Inc. also failed to prove wrongful dismissal. In that case, the plaintiff was in sales earning a base salary plus commission. He was a systems consultant, and by agreement, was to devote full-time to the business of the employer. The contract said the plaintiff could be terminated on the minimum period of notice under the Employment Standards Act, which is eight weeks.
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