S’pore company sues engineer who quit after getting bonus, court orders him to give bonus back

[radioshack]

If you're considering quitting after receiving your supposedly hard earned bonus for the past year, think twice — or at least double-check your contract.

A man in Singapore resigned after receiving his bonus, but was ordered by a Magistrate's Court to return the money to his company.

Received bonus day after resigning


According to a judgment published on Apr. 19, 2023, Quantum Technologies Global Pte Ltd employed Sia Chien Kian as a Quality Systems Engineer on Dec. 21, 2020, with a starting salary of S$4,500.

He tendered his resignation on Mar. 25, 2022, and started to serve his contractual notice period of two months.

However, the company had already processed payment of his variable incentive two days earlier, on Mar. 23, and he received it in his bank account on Mar. 26.

Besides the S$7,200 cash he received, the company paid S$1,224 to his Central Provident Fund (CPF) account.

The company asked Sia to return the monies, but he refused.

It eventually sued him in court.

"Employee Handbook"​

During the trial, the company claimed that Sia was not eligible for the variable incentive and had made the payment because he only tendered his resignation after the payment was being processed, and it was too late to reverse the transaction.

It explained that a clause in the company's "Employee Handbook" states:

"Generally, employees are not eligible for pay-out of variable incentive if... the employee is serving his/ her notice period on the date/ month that any of the incentives is declared and/ or paid."

Engineer said clause not in employment contract​

Sia denied the claims and stated that he was unaware of the clause as it was not stated in his employment contract.

https://mothership.sg/2023/04/you-q...6xRfTajMWTVxK5omO_p9rINIbsHstKDyOOqSVIdoHipTs

 

[heroking]

the bonus so little also sue?
below 10k
the legal fee how much already?

 

[vangug]

aiyo... this guy only need to tahan 1 more week then he tender no issue liao... he should've asked round first before he throw the letter... but this is the type of company that employees need to be wary about... really petty company... claw back VB from staff...

 

[UptheToon]

Employee handbook and contract is not the same. Not in contract means they got no rights for this.

Alot of companies many nonsense in employee handbook but no follow. Like that employee can sue employer?

 

[charsiewfan]

the bonus so little also sue?
below 10k
the legal fee how much already?

Matter of principle?

 

[heroking]

actually employee handbook is legally binding meh?
there is no signature and not exactly a contract

 

[bobanhuateh]

kiam siap xiasuey max bonus also must claw back

sinkie work really dog life

 

[ishtarsg]

Isn’t bonus given AFTER the company taken profit for that period where the employees is STILL with the company?
I work then I get paid, where got I get paid first then work one.
Am sure employees can fight the case.

 

[BigLiarLiar]

The legal proceeding confirm cost more than his 7k bonus... The coy very on

 

[boredom2012]

Singapore business come first before employee

 

[GhostZM]

Quantum Technologies Global Pte Ltd


CheerS!!!

 

[GBC]

"Engineer said clause not in employment contract..".. what kind of lawyer will put up this type of legal defence ? No wonder lose the case as HR policy is part and parcel of the terms of employment..

 

[daylight]

never read handbook meh ? or handbook never state

 

[Illusionist_85]

The legal proceeding confirm cost more than his 7k bonus... The coy very on

Sometimes is because of the company compliance lo

 

[jack-320]

If this happen to FT

the court case is deemed to fail

because FT will go back to their own country

 

[heroking]

this is kind of electronic company usually very stingy
i also suspect the sia is jhk

 

[wlalala]

he literally only needed to wait 1 more day to tender

damn kumgong... never check properly before tender

 

[Sirlighty]

actually employee handbook is legally binding meh?
there is no signature and not exactly a contract

Once you are their employee, you are bound to follow the handbook, be it right or wrong, still have to follow the handbook.

 

[Milodrink]

Matter of principle?

Principle can eat?

U no see business management in real life, don't say principles, even moral values or human rights also trample on it until cannot ald.

 

[UptheToon]

Precisely. Employee handbook is not given or explained at contract signing. I know few companies got many things in their handbook but they don't follow handbook.

How come employer can get away with this.

Wow this is new info.

Basically a company can state in the employment contract- anything refer to employee handbook. And handbook was apparently not provided to the candidate at point of signing so he got no chance to read it.

After signing contract then discovered employee handbook got clauses related to bonuses… and a company can change this anytime. Which can render the employment contract worthless.

LOL another nail driven into employee rights.