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  1. #1
    Join Date
    Mar 2013
    Posts
    8

    Default Contractor and bonus

    I was working as a contractor in Victoria for one year in professional services and eligible to participate in a bonus scheme. For the first 6 months I was rated as meeting objectives and received a bonus.

    For the second 6 months I changed managers twice and did not have a performance meeting/discussion with either manager during this time. (Although I did receive 'thank you' emails from one of them, who has since left). I have not been advised if I met objectives or not, despite me asking my last manager. Is it up to me to 'prove' that I met my objectives? I have now left this organisation but my question is: Can my 2nd manager get away with telling me that I did not meet objectives and therefore will not receive a bonus, when there were no conversations?. Thank you

  2. #2
    Join Date
    Apr 2012
    Posts
    196

    Default

    Quote Originally Posted by Determined View Post
    I was working as a contractor in Victoria for one year in professional services and eligible to participate in a bonus scheme. For the first 6 months I was rated as meeting objectives and received a bonus.

    For the second 6 months I changed managers twice and did not have a performance meeting/discussion with either manager during this time. (Although I did receive 'thank you' emails from one of them, who has since left). I have not been advised if I met objectives or not, despite me asking my last manager. Is it up to me to 'prove' that I met my objectives? I have now left this organisation but my question is: Can my 2nd manager get away with telling me that I did not meet objectives and therefore will not receive a bonus, when there were no conversations?. Thank you
    I would review your employment contract as a starting point to ensure employer has not breached any promises made. If so, then get in touch, put your case in writing, sending copy of contract. If your actual contract is no help, then you are relying on what you state above and frankly, it seems the onus was on you to demand a) the 'meeting objectives' check and b) have sorted this out before you left. Unless you have a robust contract on this matter then I doubt you are going to have any joy now, in particular since one of those in the know has also left the business.

    Can the manager get away with saying you didn't meet objectives? Well, since you are no longer there and seemingly don't have any hard evidence that he said that and c) you didn't deal with him/issue before you left, I'm sorry but he probably can.

    You could try approaching employer and appealing to their sense of fairness. Alternatively, you could try making claim for unpaid wages to Fair Work but you'd need good documentary evidence to support such a claim + given it is about a bonus and not actual wages, I'm not hopeful you would have a lot of joy there either.
    Tiger

  3. #3
    Join Date
    Mar 2013
    Posts
    8

    Default

    Quote Originally Posted by Tiger View Post
    I would review your employment contract as a starting point to ensure employer has not breached any promises made. If so, then get in touch, put your case in writing, sending copy of contract. If your actual contract is no help, then you are relying on what you state above and frankly, it seems the onus was on you to demand a) the 'meeting objectives' check and b) have sorted this out before you left. Unless you have a robust contract on this matter then I doubt you are going to have any joy now, in particular since one of those in the know has also left the business.

    Can the manager get away with saying you didn't meet objectives? Well, since you are no longer there and seemingly don't have any hard evidence that he said that and c) you didn't deal with him/issue before you left, I'm sorry but he probably can.

    You could try approaching employer and appealing to their sense of fairness. Alternatively, you could try making claim for unpaid wages to Fair Work but you'd need good documentary evidence to support such a claim + given it is about a bonus and not actual wages, I'm not hopeful you would have a lot of joy there either.
    Tiger
    May I elaborate .... My contract states that I'm eligible to participate in scheme and at what percentage. It's common knowledge that quarterly discussions need to take place and that 'no surprises' at end of quarter. Prior to my leaving I did ask about a performance conversation but was brushed off.... I am left wondering if I was ignored so as to avoid a bonus.

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