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VIC Employment Contract - Am I Entitled to Profit Sharing Bonus?

Discussion in 'Employment Law Forum' started by Pro, 26 September 2016.

  1. Pro

    Pro Member

    26 September 2016
    Likes Received:

    I would like legal help in relation to the following statement appearing in my employment contract:

    "Profit Sharing Bonus:

    The company operates a profit sharing scheme that is a bonus related to the Company profit and will apply to each permanent employee who has been gainfully employed for a full year.

    For our first year, this includes from the date of commencement January 1st to December 31st. However, persons only having worked part of a year would be at the discretion of the general manager - a pre qualification of minimum 6 months employment applies.

    The bonus is anything up to 15% of base salary (this is a cut-off point/maximum). In your case, we pay a bonus on a pro rata basis."


    I have been employed with this company for 3 years, full-time. The bonus percentage is usually determined and paid around February the following year.

    My questions:

    If I were to resign and terminate my employment in mid November, would I be entitled to a portion of the annual Profit Sharing Bonus, given I have worked 11 of 12 months of the year?

    Does the Doctrine of Quantum Merit apply? Given the last sentence of the statement containing "pro rata"?

    Thanks in advance.
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Quite likely.

    Not sure. However you have other possible avenues if it doesn't apply. One that comes to mind is Contra proferentem.
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