How discretionary are discretionary bonuses?

It is quite common for employment contracts, especially for senior employees or executives, to have provision for a bonus at the employer’s sole or absolute discretion.

However, the recent decision by the Supreme Court of Victoria in Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163 (Crowe Howarth) shows that such clauses might not mean that employers will have an unfettered discretion in deciding whether to pay bonuses.

It is a reminder that employers need to exercise […]

By | August 10th, 2017 ||

Company confidential: when are employee documents not privileged against their employer?

In September 2014, an employee was removed from his position as director of The Berkeley Group Holdings PLC (the company). He subsequently brought proceedings against the company after he was denied certain entitlements under long term incentive plans.

A preliminary issue arose regarding a “synopsis” document that he had prepared on his work computer a month or so before his dismissal. It contained an account of what he expected to receive under the long term […]

By | August 9th, 2017 ||

The Nevada Pregnant Workers’ Fairness Act Official Notice Is Here

The Nevada Equal Rights Commission has published its official notice for the new Nevada Pregnant Workers’ Fairness Act. As you likely know by now, Nevada employers with at least 15 employees must immediately post this notice in the workplace in a conspicuous place (e.g., where other legal employee notices are currently posted). The notice is available on the Nevada Department of Employment, Training and Rehabilitation’s website.

In addition to having to post the notice in the […]

By | August 2nd, 2017 ||