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Commerzbank AG v Keen : ウィキペディア英語版 | Commerzbank AG v Keen
''Commerzbank AG v Keen'' () (EWCA Civ 1536 ) is a UK labour law case, concerning the construction of terms in a contract of employment. ==Facts== Mr Keen managed the proprietary trading desk in Commerzbank AG, paid a basic salary of £120,000. The bonus was awarded at the bank’s discretion, and was not payable if the employee was no longer working or on notice to leave. For each of 2003 and 2004 Mr Keen received almost €3m, paid the following March. The desk was closed in May 2005, he stopped work and was made redundant in June. He got no bonus, and so claimed there was a breach of contract to not exercise the bank’s discretion irrationally or perversely. The decision to give a bonus for 2003 and 2004, but not 2005 was irrational. The contractual provision the bank relied on was, in any event, contrary to the Unfair Contract Terms Act 1977 section 3. Morison J held there was an arguable case.〔() EWHC 785 (Comm)〕 Commerzbank AG appealed.
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