NSW Am I entitled to my Commissions upon resigning?

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Ronnie 1971

Member
10 November 2020
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Hi
I am a development manager. I get paid a salary and commission on quarterly basis.I want to resign but not sure if I will be entitled to my commissions due in the 1st and 2nd quarter next year as payments will not go through until then.
Currently my employment contract is basic and says that my incentive package is:

Incentives will be paid on a quarterly basis in addition to your target wage.
Quarterly target of $45,000 (i.e. revenue brought into COMPANY NAME) the following bonus will be paid:
$57,000 to $70,000 - 5% bonus paid on revenue over target
$70,001 to $93,949 - 10% bonus paid on revenue over target
$93,950 - 20% bonus paid on revenue over target

There are no terms on my employment contract if I were to resign. Do you think I will be entitled to claim my commissions owed?
I'm also owed commissions on my last quarter and put in my statement over 3 weeks ago. I think they may be withholding it when I recently exercised a workplace right in questioning my employment contract.

Hope someone can help.
 

Tim W

Lawyer
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28 April 2014
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What right?
 

Rod

Lawyer
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27 May 2014
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Does your contract say the bonus is discretionary?

If it is not discretionary you can take action to recover monies owed to you.