Bonus Payments

A problem we are often asked to deal with is the issue of discretionary employment payments. These can include payments for performance, pay rises, and various types of commissions and bonuses.

Often employees feel that they have been treated unfairly and denied payment for reasons that are unfair. Some of the reasons why payment may be unfairly denied include retaliation, trying to force someone out, business factors that have no direct relationship with the employee and their performance, businesses trying to save money at the expense of the employee, general bad faith, and management error.

With these types of payments the ultimate decision may be at the discretion of the employer, however, this is not the end of the story. The employer must act in good faith in assessing entitlements, and in exercising any discretion, and if they fail to do so this will help an employee’s claim. Verbal assurances, comparisons with other staff and other time periods, and your actual achievements at work, are all factors that can help your case.

We can usually help if payment has been unfairly denied to you. We have a range of tools to allow us to assess the payment you should have received and to allow us to help you claim your entitlement. Please ask us if you have any questions.