r/AusLegal•
DBoken

Bonus and resignation

Hi There, NSW Employee here. The bonus cycle for my company is Jan-Dec with payment in mid-Feb. It is a discretionary bonus and also states that you have to be 'employed' at the date of bonus payment to be eligible.

Edit: Thanks everyone for your quick responses - I really appreciate it! Seems like a bad idea to resign before receiving the bonus

Does serving your notice period count as being employed - if I put in my 4w notice 3w before payment, would I legally be entitled to my bonus?

Posted Jan 6, 2022, 7:39 AM UTC · edited

37
Fair_Dog4138•

Every company I’ve worked for states that if you have given notice or have been given notice of termination a bonus won’t be paid.

16
calicoshore•

Play it safe. Don't hand in your notice until you've received the bonus.

10
micturnal•

Discretionary means it’s up to them and they can not pay a bonus. If you had resigned prior I would say there’s a large chance you won’t get it.

Better to play it safe and give your notice the day after the bonus is paid.

6
[deleted]•

[deleted]

3
OneMoreDog•

The only people who can answer this is your company itself.

3
ExaBrain•

Not at any place I’ve worked. You wait for the bonus to hit your bank account and you resign then and only then.

2
violinturkey•

Even if you were not planning on resigning at all they could still choose to give you no bonus. What might they do if they know you will be leaving?

2
Sol1dshot•

Don't do it.

Wait till the cash is in your bank before handing in notice.

2