Hi,
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."
Note:
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.
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."
Note:
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.