Facts
[R.] was hired by X. Corporation as a "consultant" for Switzerland, with the title of "marketing director for Switzerland". His contract provided for a fixed annual remuneration and a 10% commission the first year and 5% the following year "on the amount of each signed contract". [R.] terminated the contract in 1998 and subsequently filed a claim against X. for a $48,000 commission on a contract concluded between X. and insurance company [Y.] in 1999.
Considerations
The Cantonal Court dismissed R.'s claim, considering that he had not played a decisive role in the conclusion of the contract with Y. The DFC upheld this decision, finding that under Art. 322b CO, the worker can only claim a commission if he has procured a specific business or found a client willing to conclude a contract, which was not the case here. Although [R.] had participated in the initial contacts with [Y.], it was not established that he had exerted a decisive influence on the conclusion of the…