Employer changes bonus without notification and ignores complaints - what to do ?

machat

Hi all,

the situation is this; the employer has changed the bonus structure that I had agreed upon from the targets that were set two years ago to a new one set last year that I was not notified about.
The bonus was based on a team effort to reach a certain revenue goal, and that goal has apparently changed.

Despite repeatedly asking for info about the new structure and my reach of that structure, the employer has done none of that.
This has been going on months now. Not to mention that the employer never informed of the changed structure beforehand. This only came to light in a conversation when more or less asked "where is my money".

Any kind of soft or more direct approach to resolve this with my boss has been, frankly, ignored. I have now reached the point where I would rather take my chances in the dole queue rather than any further frustration and embarrassment of not getting this resolved.

What are my chances of resolving this with Workplace Relations ?
Is this something they would take on, or is there someone else to turn to ?

There are also a few other issues with the employer, such as creating a culture of "voluntary" unpaid overtime that obviously goes un-rewarded, and salary slips that, though issued, have gone missing somewhere in the company allowing whomever to read them.

As you can imagine, I cannot see myself continuing working for that employer anymore, so no love is lost, and I cannot see this employer suddenly giving in and honouring any bonus along with a P45.

So, what would you recommend as a course of action ?

davo10

What does your contract of employment say about bonus payment?

Autochange

Im guessing you work in the motor trade?

machat

davo10 wrote: »

What does your contract of employment say about bonus payment?

Well, the contract I have is the one from two years ago (with the unchanged bonus) I did not sign, or was asked to sign new one.

Autochange wrote: »

Im guessing you work in the motor trade?

No its a bit off that, but it does involve sales to a certain degree

machat

So, what do you think, guys ?
What are the best options ?

davo10

machat wrote: »

So, what do you think, guys ?
What are the best options ?

Bonuses are discretionary, it really comes down to what is in your contract. If it is clearly stated the bonuses will be paid if specific targets are met, then it forms part of the terms and conditions of your employment. If it is not clearly stated that they will be paid, or if the targets are not defined, then it is open to interpretation and change. What is the precise wording in your original contract about bonus payments?

Sixtoes

The Labour court route takes a long time but I imagine you'll win. You then need to rely on the sheriff collecting the money which again is slow and not guaranteed.

Your best bet is to plan your exit and just leave. Pick a time when you're paid up to date and walk. Then apply to Labour courts.

davo10

Sixtoes wrote: »

The Labour court route takes a long time but I imagine you'll win. You then need to rely on the sheriff collecting the money which again is slow and not guaranteed.

Your best bet is to plan your exit and just leave. Pick a time when you're paid up to date and walk. Then apply to Labour courts.

The labour court is not a court of law, its judgements are non binding but employers are encouraged to abide by them. The plaintiff can have to apply to the district court to have the judgement enforced, Long, stressful and unless the sum involved is worthwhile, there is a good chance it is a career killer.

Unless you have exhausted all available avenues and grievance procedures, the LC is a waste of time. Handing in notice and then applying is a fools errand.

machat

davo10 wrote: »

Bonuses are discretionary, it really comes down to what is in your contract. If it is clearly stated the bonuses will be paid if specific targets are met, then it forms part of the terms and conditions of your employment. If it is not clearly stated that they will be paid, or if the targets are not defined, then it is open to interpretation and change. What is the precise wording in your original contract about bonus payments?

Unfortunately, the "contract" is very vague.
The bonus structure is described on a single page seperate, and it does not state that the structure will be kept "next year" (ie. the year just gone) so, effectively it does not state that there even is one!

jimmycrackcorm

machat wrote:

Unfortunately, the "contract" is very vague. The bonus structure is described on a single page seperate, and it does not state that the structure will be kept "next year" (ie. the year just gone) so, effectively it does not state that there even is one!

That's the structure of hire the bonus is calculated but does your contract state that the bonus is discretionary?

Given you are in sales then it's guess it's a core part of your salary unlike performance bonuses for salaried workers for example and your employer must pay it.

In order to change it, you would have had to agree to the changes to your contract. Whilst the WRC would most likely uphold it, it would take time, so you could consider it as savings.

I stand to be corrected by I think getting a court award also doesn't count as taxable income.