Solicitor for Employment Contract Law ...

T

THE MACHINE

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Whats the best way to resolve a dispute over end of contract bonus with your employer ...assuming we disagree over thye final amount of Bonus.
Contract clearly states if i meet my objectives i get the bonus...my manager has signed off that i met my objectives satisfactorly ...now they HR only want to pay half saying that its discressionary.

Advise appreciated.
 
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look under entemp.ie. go to payment of wages ACt 1994. tell your hr you'll be making an application under the act unles its sorted out.
 
Rightly or wrongly, I'd have thought that entering into a legal dispute with your employer could have serious long-term ramifications for your relationship. Do you really, really want to go down that road?
 
Employment Contract...

Hi Rainyday ...

Obviously i prefer to finish on good terms ...but are you seriously suggesting that i let them bully me into letting them keep half my bonus when i fullfilled my contract to full satisfaction...???

Note this will not be my employer going forward as i'm moving on.
 
Re: Employment Contract...

Note this will not be my employer going forward as i'm moving on.
Click to expand...
Sorry - missed that bit - that does change things all right.
 
Re: Employment Contract...

If you've dealt with a solicitor before (e.g. for conveyancing) then check with them for advice or else a referral to somebody with the necessary expertise. I had a small employment contract issue years ago and simply ran it by my regular solicitor (at no charge). If you've never dealt with a solicitor see if you can get recommendations from your family, friends etc.
 
Re: Employment Contract...

I have used and recommended Ciaran O'Meara of O'Meara Geraghty Mc Court who specialises in employment law and edits one of the guides to employment law. But these solicitors are expensive - around €300 an hour, so the amount of the bonus should be worth fighting for.

Brendan
 
Re: Employment Contract...

What is the exact wording of the contract in relation to the bonus?
 
Contract...

Exact wording of contract ...

Bonus : You are entitled to €10,000 as 2004 bonus.
 
Re: Contract...

So nothing about satisfactory completion of objectives?
 
Re: Contract

To my inexpert eye, it looks like you'd have a pretty strong case so.
 
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You're free at all times, of course, to engage a solicitor.

However, you should consider contacting the Labour Relations Commission as an initial step. It may be possible to resolve the dispute sensibly without incurring significant legal costs on either side.
 
Re

I would push it as far as possible Machine with the company, the clause is fairly explicit , ask them to explain in writing why they cannot honor the bonus in full and then tell them that you will need to speak with a third party for clarification on the matter by presenting your contract and their letter of explanation.
Then leave it a few days and do just that ,from memory i know the labour commission do have a legal advisory section , but ultimately they will refer you a solicitor.
If i was you i wold also let them know that you have "banked" on this bonus since you passed you objectives and to rescind the money now will leave you in a very tricky situation personally , use the owl emotional lever also !!....Someone in there will have to make the call so just let them know that if they rescind on the clause , it will be them who will be responsible and answerable.

Me thinks they are just testing your metal
 
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