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QLD Will Sales Commission and Incentives Be Paid If I Resign?

Discussion in 'Employment Law Forum' started by Wayne Aarons, 9 August 2015.

  1. Wayne Aarons

    Wayne Aarons Member

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    I have 2 Questions

    Q1. I work in the construction Industry in Brisbane. My Employer pays me a sales commission base (this makes up part of my salary) on projects I have won, they still owe me a bit of money. If I resign are they obligated to still pay me this sales commission?

    Q2 I also get paid a Long Term Incentive (LTI) Bonus (which also makes up part of my salary) for the 2014/2015 FY they owe me $3,000. The company took jobs out of 2014/2015 FY where I was to earn $15k, these jobs I won have been put into the 2015/2016 FY which currently I am owed $15k. If I resign am I entitled to this money?
     
  2. rebeccag

    rebeccag Well-Known Member

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    It all depends on what your employment contract says - so read through the terms of yours very carefully.

    In a number of employment contracts I've seen, there are terms that say that if you're not an employee at the certain time of the year when you're to be paid an incentive, then you're not eligible/entitled to it. Depending on what your employment contract says. It may be worth it to you to stick around a bit longer, or weigh up the cost/benefit if you resign and move to a different job.
     
  3. Wayne Aarons

    Wayne Aarons Member

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    Hi Rebecca,

    Thanks for your replay, I agree the LTI could be difficult...but with my commission there is no clause in my contract about when I am to be paid. My manager approves in Writing an amount of commission I am to be paid on a won project. I then divide that amount over the months of the project and that's what the company pays me each month. So I will be going them for my commission that is currently owed nearly 5K which has been signed by my manager
     

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