NSW Resignation - requesting outstanding bonus stated in contract

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1 December 2020
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Hello all,

In my contract, it states:
A bonus of up to AU$20,000pa will be made available upon successful completion of your 3 month probabtion period. The bonus will be paid in quarterly installments, based upon the following utilisation calculations:
  • Achieving an average of 0%-74.9% quarterly utilisation pays zero bonus
  • Achieving an average of 75.0%-84.9% quarterly utilisation pays AU2.5k per quarter
  • Achieving an average of 85.0%+ quarterly utilisation pays AU5k per quarter

My company is/has been notoriously bad at managing this bonus system. I have had to chase every quarter for the last 4 years of working here for my bonus, with it sometimes being paid out as much as 15 months after I achieved it.

I have an offer for a new role and need to hand in my resignation.
I want to request payment of my bonus for Q1 and Q2 of this year (where I achieved top level for both), to be added to final salary. I will also probably hit top tier for Q4, though I haven't worked December yet, I am track for it and will be leaving the company in early January.

I assume as the criteria for earning the bonus is explicitly stated in my contract, and that the period has passed, with no mention of caveats for the company to decide whether or not to pay it at their discretion - the amount due for Q1 and Q2 should be awarded to me.

I am looking for guidance on where I stand with this - particularly Q1 and Q2 bonuses.
If it is the general concensus that bonus is owed to me, then some suggestions on how to word that in my resignation letter will be greatly appreciated as well.


Thanks in advance.