Expo Events is going to have to pay €12,000 to its former events coordinator, representing commission he should have been paid for selling floor space at the Monte Kristo Grand Fair three summers ago.

In January 2014, Expo Events Ltd entered into a contract with Gunther Micallef Decesare whereby he was to be paid a basic monthly salary of €1,800 and an additional commission on the net turnover generated through the sales.

However, in September 2014, Mr Micallef Decesare's contract was terminated due to “failure to meet the financial and sales targets aspect" of the original agreement. This prompted the former events coordinator to institute civil proceedings to obtain payment of the sum due.

Before the First Hall, Civil Court, presided over by Mr Justice Lawrence Mintoff, Mr Micallef Decesare argued that the relative turnover generated by the company through his efforts had amounted to €276,059 which meant that he was entitled to €11,862, inclusive of VAT, by way of unpaid commissions.

Moreover, not only had the whole exhibition area been sold, but the allotted area had to be enlarged to accommodate further demand, Mr Micallef Decesare had pointed out. The termination of his employment had been an attempt to cheat him out of his dues. Indeed, a colleague with an identical working agreement confirmed that there had been no targets, the court was told.

Expo Event tried to argue that the agreement had never been finalised – placing the blame for this on Mr Micallef Decesare.

The court declared that the case concerned the payment of commissions due – rather than the contract of work itself or its termination. Expo Events Ltd ought to have proved that a subsequent agreement had been entered into, but this "had certainly not been done."

Moreover, Mr Micallef Decesare's FS3 indicated that he had been employed on the strength of the draft contract, just as his colleague was – who had been paid his dues.

The court, therefore, upheld the applicant's claim, ordering Expo Events Ltd to fork out €11,862 by way of unpaid commissions, together with commercial interest accruing from the date of judgment until the final settlement.