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Question Details: If I resigned before the confirmation day of my employment incentive programme but my last working day is after the confirmation day, am I eligible for this incentive? This matter is not covered in my individual emplyment contract. The company is trying not to pay me by referring to it as an "internal policy".
Filed under Employment Law | 1418 View(s)
Community Law Wellington & Hutt Valley
It sounds as though you could be, but the final answer depends on the terms of the incentive programme.
In principle, if all that's required is for you to be employed on the confirmation day, and you will be employed on the confirmation day, you should be eligible. It's impossible to say this for certain though, without more information about your situation.
Because the incentive programme isn't covered in your employment contract, the final answer will probably be in the company's policy. This policy should be documented somewhere, and your employer should be able to give you a copy.
The best place to start is with a conversation with your manager. Explain why you think you should be eligible, and ask them to show you the policy that states that you are not eligible because you've resigned.
If you and your company can't agree on the correct answer, you have the makings of an employment dispute. Information on disputes is available by clicking this link: www.communitylaw.org.nz
Your employment agreement should set out a process for resolving disputes. Usually this will start with discussions with your employer, and will include options for escalating the issue if you still can't agree. If you are worried about talking to your employer, you can take a support person into meetings with your employer. Likely next steps will be mediation then referral to the Employment Relations Authority. An example of a disputes clause can be seen at www.communitylaw.org.nz
If you want some more specific advice about your situation, try your local Community Law Centre for information about advice options. And remember - if you want to do anything about this you MUST do it within 90 days of the event you're complaining about.
Answered 16 Aug 2012. The IMPORTANT NOTICE below is part of this answer.
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