Termination payment?

[eays]

Hi Guys,

I'll probably be parting ways with my employer soon one way or the other - most likely i will quit because of the shit they are trying to get me to do, or they'll fire me for not doing it and i'll make an unfair dismissal claim (some of it is ridiculous, but thats not the point of this post). Assuming i quit, just wondering how termination payments work.

I know they need to pay me unused annual leave + notice period (unless i work out the period). However, i get a salary (not much) plus annual bonus ( a good portion of what i make). The bonus is basically a set formula, but the least i can get is 20k (i.e. guaranteed amount). It starts from January each year. Would they be required to pay out the bonus as well pro rata?

If not given that the bonus is most of what i earn, i may just had to bend over and cop their sh!t for another 7 months until next Jan and i get the bonus - but i really dont want to have to do this.

Does anyone know the law about this area of bonus payments? (i dont care about getting more, would be happy with pr rate payment of the guaranteed minimum - 20k ... just so i can leave now and not wait)

Thanks, Eays

PS- one thing i have learnt from this is i will NEVER work for an American company again. These guys basically dont give a shit about Australian work laws or entitlements and just try and railroad you into stuff, and then if you refuse and say that it is the law in Australia, they get angry with you and try and make your working life hell.

 

[ash_1050]

I would definitely DYOR but as far as I know there is no legal obligation to pay on expected earnings and probably loop holes on bonuses that have been earned but not yet paid, most likely subject to you still working for the company when you are paid them. If you have a contract or enterprise agreement I would read up on the 'bonuses' section thoroughly.

Make sure you are aware of your rights and your employers obligations before approaching them about this.

 

[CakeEater]

The guiding rule on Term Payments is that you recieve your Annual Leave + your notice peruiod unless you work out your notice period then your not entitled to your notice period.

If yuor bonus makes up a major portion of your salary suck it up if you can for the next 7 months or leave and wear the finan cost for a while till u find a better job with better pay.....

 

[Kynge of Begrem]

Try and negotiate a settlement.

Whatever you do make sure that you follow any lawful direction given otherwise you will have no hope if it comes to unfair dismissal - the Fair Work Act dictates that failure to follow a lawful direction is serious misconduct and is basically grounds for dismissal.

Good luck, hang in there and find another job.