The applicant, who was employed as an Advertising Manager, filed a claim for denied contractual benefits against his employer alleging that he was entitled to additional payments under his contract as compensation for taking on increased responsibilities. The applicant contended that the respondent agreed to pay him an extra $10,000 per quarter for these added duties, amounting to nearly $18,000 across two quarters. The applicant sought a declaration that he had been wrongfully denied these contractual benefits and requested payment of the full amount. 

The respondent contended that any entitlement to the quarterly payments was contingent upon the applicant meeting Key Performance Indicators (KPIs), which he allegedly failed to do. The respondent asserted that the applicant's failure to meet these KPIs justified the denial of the payments claimed. It was determined that the agreement between the applicant and respondent for additional quarterly compensation was not contingent upon meeting KPIs. Therefore, the respondent's failure to pay the applicant for the completed quarter was deemed a breach of contract. 

Regarding the July-September quarter, the applicant's entitlement to payment was contingent upon his completion of the entire quarter in the role with increased responsibilities. However, since he was removed from that role before the quarter was completed, Commissioner Kucera ruled that he was not entitled to a pro-rata payment for that period. The Commissioner ordered the respondent to pay the applicant the sum of $10,000 for the April-June quarter, dismissing the remainder of his claim. 

The decision can be read here. 

Decision issued Thursday, 11 April 2024.