Worker successfully claims quarterly bonuses after employer couldn't prove KPI requirements existed
The Western Australian Industrial Relations Commission recently dealt with an employment dispute involving contractual benefits and performance-based remuneration.
The case centred on whether additional quarterly payments were contingent upon meeting specific key performance indicators or represented unconditional salary increases for a promoted worker.
A worker who had been promoted to director of business development argued that his employer had agreed to pay him additional quarterly amounts of $10,000 as part of his increased remuneration package.
He maintained these payments were unconditional entitlements under his employment contract, not tied to any performance requirements or achievement of specific targets.
The employer acknowledged the agreement for additional quarterly payments but argued they were conditional upon the worker achieving performance benchmarks through measurable key performance indicators (KPIs), which he had failed to meet.
The worker, a French national employed under a Temporary Skill Shortage 482 Visa, started as advertising manager in August 2019 with the employer, which operated an online meal supply business.
His base salary was $70,000 per annum exclusive of superannuation. In April 2021, his salary increased to $100,000 per annum, and he received a promotion to director of business development in October...
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