The following points for the purpose of discovery of further information and documents / clarification for further review of the strength of the company’s case/defence. Could you please assist with the information and documents:
In relation to the company previous practices:
(i) bonus paid to the claimant and specified as contractual project delivery bonus pursuant to clause 4 of the employment contract since 2011.
(ii) the method/mechanism as to how the contractual project delivery bonus has been calculated/implemented (with reference to project performance or on defined KPIs mentioned in the employment contract) by the company during his tenure, including any set criteria to be met.
(iii) bonus declared and paid to him specified as discretionary bonus since 2011.
Specifically in relation to the alleged entitlement to bonus for FY 2013 and 2014:
(iv) to evaluate the existence of supporting evidence justifying payment of bonus to all staff, except the claimant, within both (i) Thai Leighton Ltd; and (ii) LFM as the Business Unit:
• Basis for bonus payment to employees of Thai Leighton Ltd (other than those under LFM) for FY 2013 and FY 2014, including whether they were contractual or discretionary bonus;
• Basis for bonus payment to all other employees of Thai Leighton Ltd under LFM for FY 2013 and FY2014, including whether they were contractual or discretionary;
• Document showing that the claimant is specifically assigned to LFM as a project/business unit (as it is not stated in his employment contract) and his roles and responsibilities;
• Financial information in relation to performance of Thai Leighton Ltd FY 2013 & 2014;
• Financial information in relation to performance of LFM FY 2013 & 2014, or any other evidence to show that LFM is not meeting its business targets.
• I assume that there is no records in relation to any poor performance on the part of the claimant for FY 2013 & 2014 given that the rating of his performance for PDR was 4 as stated in one of the email. Please confirm.
• Details/grounds as to why it was mentioned in one of the email that other staff in LFM was paid the bonus “in error”.
Other information and document that you think may be relevant.
The following points for the purpose of discovery of further information and documents / clarification for further review of the strength of the company’s case/defence. Could you please assist with the information and documents:
In relation to the company previous practices:
(i) bonus paid to the claimant and specified as contractual project delivery bonus pursuant to clause 4 of the employment contract since 2011.
(ii) the method/mechanism as to how the contractual project delivery bonus has been calculated/implemented (with reference to project performance or on defined KPIs mentioned in the employment contract) by the company during his tenure, including any set criteria to be met.
(iii) bonus declared and paid to him specified as discretionary bonus since 2011.
Specifically in relation to the alleged entitlement to bonus for FY 2013 and 2014:
(iv) to evaluate the existence of supporting evidence justifying payment of bonus to all staff, except the claimant, within both (i) Thai Leighton Ltd; and (ii) LFM as the Business Unit:
• Basis for bonus payment to employees of Thai Leighton Ltd (other than those under LFM) for FY 2013 and FY 2014, including whether they were contractual or discretionary bonus;
• Basis for bonus payment to all other employees of Thai Leighton Ltd under LFM for FY 2013 and FY2014, including whether they were contractual or discretionary;
• Document showing that the claimant is specifically assigned to LFM as a project/business unit (as it is not stated in his employment contract) and his roles and responsibilities;
• Financial information in relation to performance of Thai Leighton Ltd FY 2013 & 2014;
• Financial information in relation to performance of LFM FY 2013 & 2014, or any other evidence to show that LFM is not meeting its business targets.
• I assume that there is no records in relation to any poor performance on the part of the claimant for FY 2013 & 2014 given that the rating of his performance for PDR was 4 as stated in one of the email. Please confirm.
• Details/grounds as to why it was mentioned in one of the email that other staff in LFM was paid the bonus “in error”.
Other information and document that you think may be relevant.
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