What is the test for calculating a percentage in a calculation of the amount payable by an employer to an employee in return for their services?
Canada (Federal), Canada
The following excerpt is from Sauve v. M.N.R, 1995 CanLII 11082 (FCA):
In the decision involving the Association des employés civils v. Ministre du Revenue national, N.R. 1168, March 29, 1983, the issue was identical to that just cited. Marceau J. said the following: The method chosen by the employer to obtain from his clients the amounts which he is to pay to his employees (a percentage included in the calculation of a total price or added to a basic price), and the fact that the size of the amount remains to be determined, have nothing to do with the question; what matters is that these are amounts payable and promised by the employer in return for the employee's work. (My emphasis.)
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