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Offline dkabab

Just have a quick question being incentivised for something over 5 months. Achieving huge results only to have the incentive pulled because others didn't achieve.

I should probably add. I was meant to get an all expenses paid trip to Africa for a week with safaris etc. instead they are offering a $500 gift card. Hence I'm a little pissed off.



Offline PA

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I'm guessing a trip to Monarto Zoo isn't going to cut it.



Offline TomE


  • Joined: Aug 2010

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Just have a quick question being incentivised for something over 5 months. Achieving huge results only to have the incentive pulled because others didn't achieve.

I should probably add. I was meant to get an all expenses paid trip to Africa for a week with safaris etc. instead they are offering a $500 gift card. Hence I'm a little pissed off.

Was is from your employer or a product supplier?
"There's too many self-Indulgent wieners in this city with too much bloody money! Now, if I was driving a 1967 275 GTB four-cam... "



Offline dkabab




Offline scud

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Offline amgsl55

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Offline 98octane

Anything in writing?

+1.  Or any proof of conduct leading you to do all the work.

Sounds like possible equitable estoppel, but might be hard/expensive to prove.



Offline j15


  • Joined: Oct 2006

  • Location: Sydney
Hi Dave

An issue like this was considered in the Federal Court way back in 1997 in Lyndel Nominees. In that case (IIRC), and VERY simply put, a bunch of Mobil Franchisees were told in a speech by Mobil's General Manager of marketing that if they achieved certain sales targets then they would be entitled to extensions to their respective franchise agreements with Mobil. The Franchisees signed up to the sales challenge on that basis. Targets were achieved, but Mobil failed to honour the representations, and litigation followed.

In the result, the Court held that the representations in the speech were binding on Mobil, and the franchise agreements had to be extended. If you have loads of time you can read the judgments here: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/1996/1489.html and here: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/1997/248.html

From what you have said, it sounds like the legal principles of estoppel, breach of contract (to the extent a contract exists), and misleading and deceptive conduct are on your side. Of course, this is a very simplified analysis. The most important thing is determining what exactly what was said to you, but establishing that and ultimately enforcing the effect of it can be too hard/expensive for a trip to Africa.



Offline dkabab

I'm not going to push it to the extent of court, but just seeing what I can do.

I sell 95% of what my store sells in this category and that works out to between $100-$150k of this suppliers product every year, and since the start I this issue (April) I haven't sold a single item.

It's actually in their best interest to come to the table for me.

The sticking point to all this is the "no one met the target" however no one including my boss has ever seen these targets and after persisting to see them, I still can't get a copy.

The basics were, the top 17 sales people in the country would win the prize, I have all the summary Of the comp writing. I was told verbally I finished 2nd.



Offline j15


  • Joined: Oct 2006

  • Location: Sydney
Why not write a letter seeking to clarify it then Dave?



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