(i)

a worker’s annual pay comprises of basic pay and commission payments made under a contractual right to commission

(ii)

the commission is paid by reference to sales made and contracts entered into by the employer in consequence of the worker’s work

(iii)

commission is paid in arrears and the amount of commission received in a given reference period fluctuates according to the value of sales achieved and contracts entered into and the time of such sales

(iv)

during periods of annual leave, the worker does not undertake any work that would entitle him to those commission payments and accordingly does not generate commission in respect of such periods

(v)

during the pay period which includes a period of annual leave, the worker is entitled to basic pay and will continue to receive commission payments based on commission earned earlier; and

(vi)

his average commission earnings over the course of the year will be lower than they would be if the worker had not taken leave, because, during the leave period, he will not have undertaken any work that would entitle him to commission payments