Deputy District Judge Alan Ng ruled on 10 August 2026 that a former sales manager was owed unpaid commission but had overclaimed her bonus.
The dispute, heard in the District Court under DCCJ 3021/2022, centred on a commission and bonus scheme written into the employee's 2016 appointment letter with a Hong Kong glass trading company. The employee, hired as senior sales manager, resigned with effect from 1 April 2022, telling her employer that it had stalled payment of commission and bonus for 2020 and 2021.
She first brought a claim to the Labour Tribunal for about HK$1.75 million covering annual leave, mobile phone reimbursement, commission and bonus. The leave and reimbursement portion, worth HK$60,351.12, was settled by consent order in July 2022. The commission and bonus claims, which the parties could not agree, were transferred to the District Court for trial.
At trial the employee sought roughly HK$1.39 million and RMB108,527 in outstanding commission, plus about HK$972,000 and RMB63,516 in bonus. The employer denied owing either sum and counterclaimed close to HK$440,000, alleging it had overpaid both.
The appointment letter set commission at ten percent of the gross profit of each sale, but the judge found this figure was only quantification. The separate condition for payment was spelled out in the letter itself: “All commissions are paid when full payment is received.” That meant the employee could only recover commission for sales the employer had actually...
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