Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:6037 ECLI:NL:RBAMS:2016:6037 AI generated

Court orders employer to pay pro-rated annual incentive bonus based on reasonable performance rating.

Case Number ECLI:NL:RBAMS:2016:6037
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled in favor of the employee, ordering Securitas to pay a pro-rated annual incentive bonus of €17,952.00 plus interest and collection costs. The employer failed to provide sufficient justification for withholding the bonus, and the judge applied the principle of reasonableness and fairness to determine the bonus amount. Consequently, the court found the employer's discretionary refusal invalid and mandated payment based on a 'sufficient' performance rating.

Legislator headnote

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s. 7:09 BW; s. 7:610 BW: Where an employer unreasonably refuses to pay a discretionary bonus, the court must determine the amount based on the principle of reasonableness and fairness, considering the employee's performance and the duration of employment.

Keywords

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annual incentive plan pro-rated employment reasonableness and fairness discretionary bonus labor dispute performance rating employer liability

Cited Legislation

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s. 7:09 BW
s. 7:610 BW
art. 7:625 BW
artikel 6:96 BW
Artikel 6:23 BW

Cited Case Law

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