Hi There, 2-1/2yrs ago my employer emailed me details of an employment offer with increased benefits if I increased my work hours. Only some of these offers have been met on their side, whereas I have been working the hours as agreed. Does the email correspondence constitute as an employment contract? Thanks
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
That is an offer and acceptance, and binding on the employer as a contract. So you are entitled to insist on the performance
Do you mean I am entitled to insist on the benefits? (not performance..) If one of these benefits was a profit share that has not been paid to me, if this went to court would they have to show information relating to the company finances therefore outlining the profit share that was due, but not paid?
It may depend on the wording-if there was no profit then you may not get a share, but otherwise you are entitled to get what was promised. And the formula for calculating the share would need to be explicit, say 5% or whatever was promised
Yes there was profit, and I am supposed to get a certain percentage of that. An excuse was made last year, that I did not get the profit share due to imputation credits the company had to pay? does this seem legitimate?
Imputation credits are a book exercise usually. This means the profits are real but this is used to reduce tax liability. So it does appear an excuse. So I think if they are doing this then if you are in a position to do so, move on as they are just playing games
I may be wrong-without seeing the accounts and details, it is hard to be definite but it sounds like an excuse.
yes I think so too, was just waiting to see what happened at the end of this financial year once books were done and dividends paid out. If I do not receive my profit share what would you suggest I do after talking to my employer?
I suggest you will need to raise a personal grievance over the decision-and tell them this.
OK Thanks for your help
LLB MMgt FAMINZ 32 years qualified as lawyer
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