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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Did your contract say anything about this?
Ok thanks, ***** ***** here will depend on what the contract said. For example, the employer could have had a clause which said that commission can potentially be clawed back in the future in the event of cancellations. This is not uncommon and I have seen it in numerous contracts. However, there must have been a clause to that effect to allow them to pursue you now. If no such clause existed, then the commission would have been payable unconditionally at the time and cancellations in the future should not force you to repay anything. Whilst there is nothing stopping them from taking you to court over this, to be successful they would have to prove the above and without it the court is unlikely to rule in their favour. So in the first instance you should ask for copies of the contract which allow them to claw back commission for cancellations and if they can’t provide that, you need to advise them that their claim would be baseless and if they proceed with it you would be seeking costs against them for pursuing a claim without reasonable prospects of success.
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