Where employers attempted to carry over their losses to the next year and thereby reduce or even exclude the payment of commission, their actions were prohibited by the court. To maintain consistency, however, the courts have also ruled that where the employee has received an advance on commission and the expected company profits do not in fact materialise, then such commission must be returned to the employer, unless the employee can show by whatever evidence is available, such as correspondence, past practice, etc., that the intention was otherwise.
Workers paid entirely by commission have a right to have work provided for them by the employer, in order to allow them to earn remuneration. A failure by the employer to provide work is a breach of contract.