Ann: ASIC v ISIGNTHIS LTD & ANOR, page-135

Nah, therein lies YOUR problem.

You may argue it's morally wrong for him to have done that, and it wasn't to the benefit of the company, and yada yada, but as long as:
- there's no company policy forbidding him to sell the goods to the wholesaler
- forbidding him to sell at the price he sold them
- he is entitled to a commission of 10% of sales
then he's done nothing legally wrong.

As far as I can see, he's operated within the confines of the law and even sold the goods at a profit.

Except the legal experts see it differently?

The company may not like it and may decide to sack him after paying him his 10%, that's fine.