Magazine article Marketing

Legal Q & A. (Careers)

Magazine article Marketing

Legal Q & A. (Careers)

Article excerpt

Q I am due a year-end bonus, but my contract says it is discretionary. My performance this year had been good, as has the company's, but I have my doubts whether my bonus will be paid. What are my rights?

A There are many different types of bonus schemes. Some are commission related, which are based on a specific formula, and others are purely based on the basis of performance, at the discretion of the employer.

Often in this latter arrangement, employees are not even aware of the basis of the calculation upon which the bonus is paid. The actual discretion may link to individual performances, the company's performance as a whole or simply give the employee the right to a discretionary bonus 'on terms to be notified to the employee from time to time' with a separate document listing criteria or a specific formula.

In the case of Clark v Nomura, the bonus was not guaranteed in any way and was based upon individual performance. …

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