Bonus Payout after Redundancy

Q

q

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My employment will be terminated by redundancy 2 months prior the end of the period over which performance is evaluated and bonus is calculated.

The bonus is made up in part of personal performace and in part of group performance. The reason for my redundancy as stated on RP1 is actually global downsizing but is in reality the fact that my job and the jobs of many others are being relocated to a different country.

Is my company obliged to pay a bonus to me that is determined in a pro-rata manner and if so should I demand an appraisal?? I would prefer not to have an appraisal because of the stress that it involves.

Thanks!
 
Isn't any bonus (by definition) discretionary, and NOT an entitlement?
 
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Rainyday, *maybe* you didn't understand my question ...

My company will be paying a bonus. My question is given that the bonus payable is determined through a publicised combination of personal performance and group performance and given that I will have been an employee for 10 of the 12 months over which performace is rated then am I entitled to a bonus? eg if group aspect of the bonus is 2% then would I be entitled to:

2%*(10/12) + (percentage for personal perfomance) * (10/12)
 
Isn't any bonus (by definition) discretionary, and NOT an entitlement?
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Hi Rainy, Some performance related bonuses form part of the employees contract of employment and as such would not be discretionary.

Hi q, The question of bonus payments should have been included in the documentation surrounding your redundancy package. If you check Im sure you will find how this payment is handled.

ajapale
 
My point was that given that the bonus is performance-related, the company could simply say 'performance not up to scratch - no bonus'. It's difficult to see what leverage you would have to negotiate.
 
Rainy, I think that the scheme q is(was) in ran along the lines of "x% of group profit will be split amongst all group employees"

If a profit is made, the bonus would be payable, so it wouldn't be discretionary.

If the original contract of employment (and published HR policy) stated that the profit *may* be split, then it could be discretionary, but from the info above it sounds like the bonus is payable.

Of course, there could be complications if the bonus is payable to employees on a given date - if q isn't an employee on that date, there may be a bonus, but not for q.

What has happened to other employees who simply left during the bonus year ? Did they get their part bonus, or was that forgone because they left the job rather than the job leaving them ?

z
 
"given that the bonus is performance-related, the company could simply say 'performance not up to scratch - no bonus'. It's difficult to see what leverage you would have to negotiate."

Wouldn't that depend on the job.
If you're a salesperson thne it'd be pretty easy to prove that performance was or was not up to scratch.
Same goes for IT in many circumstances....and a host of other jobs.
 
If its a team (or global company) based performance bonus and the terms and conditions relating to the bonus are outlined in contract of employement then the company is obliged to meet the terms of teh contract.

Its a bit of a moot point since the terms of any redundancy will have included bonus payments, annual leave payments, pension entitlements, healthe insurance payments etc.
 
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