QLD Seeking advise on legality of repaying a retention bonus

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panda2012

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8 February 2021
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In Aug 2020, I was promoted to a new role without increased compensation. The role market value is 30-50k more than my previous role. In discussion with my boss last month, my employer has agreed to compensate me at Market value, however they will not raise my base salary and instead will pay me a retention bonus equaling the difference. The retention bonus will be paid monthly for a period of 12 months. I have just received the paperwork and it states that if I leave within the 12 month period, I am to repay any amount of the retention bonus paid to me. Below is their wording in the paperwork I received. They are not asking me to sign anything... they just want an email reply from me saying that I understand. Is the below legal? Can they force me to repay any retention bonus if I leave early? Thanks.


In recognition of your continued performance and dedication, you have been awarded a retention bonus of $$. This will be payable in 12 monthly instalments commencing with your March payroll. This bonus is paid with the understanding that should you choose to leave prior to 28 February 2022 all monthly bonus payments paid to you will be required to be repaid.
 

Rod

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NinjaFlyer

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23 October 2020
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In Aug 2020, I was promoted to a new role without increased compensation. The role market value is 30-50k more than my previous role. In discussion with my boss last month, my employer has agreed to compensate me at Market value, however they will not raise my base salary and instead will pay me a retention bonus equaling the difference. The retention bonus will be paid monthly for a period of 12 months. I have just received the paperwork and it states that if I leave within the 12 month period, I am to repay any amount of the retention bonus paid to me. Below is their wording in the paperwork I received. They are not asking me to sign anything... they just want an email reply from me saying that I understand. Is the below legal? Can they force me to repay any retention bonus if I leave early? Thanks.


In recognition of your continued performance and dedication, you have been awarded a retention bonus of $$. This will be payable in 12 monthly instalments commencing with your March payroll. This bonus is paid with the understanding that should you choose to leave prior to 28 February 2022 all monthly bonus payments paid to you will be required to be repaid.
"I understand" is definitely NOT the same as "I agree" so....
 

Rod

Lawyer
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27 May 2014
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I suspect that may not be the wording the employee used.

I also note the wording on the bonus needs tightening up if it is not a once only bonus, as it may not have the effect intended as it currently stands.