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The appellant alleged that he was employed by the first respondent as ‘sales director’ since 2007, based on a resolution by the respondent setting out a commission formula payable to him. He further alleged that the majority shareholders of the respondent unilaterally changed the formula, contrary to s 50(1) of the Act and referred a dispute to the office of the Labour Commissioner, claiming certain relief. The first respondent raised a point in limine that the Labour Commissioner lacked jurisdiction on the ground that the appellant was not an 'employee'.

After hearing evidence on oath and entertaining . . .

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