Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA

The March 2008 contract conferred a right to a performance-related bonus calculated by the specified formula for 2008. There was no unequivocal acceptance by the claimant of the July 2008 variation, and the facts did not require a trial. Summary judgment should be granted for the claimant.

Parties
Claimant/appellant: Saleem Khatri; Defendant/respondent: Cooperatieve Centrale Raiffeisen-Boerenleenbank BA
Jurisdiction
England and Wales
Judgment Date
23 April 2010
Procedural Posture
Civil Appeal / Appeal From Refusal of Summary Judgment
Outcome
Appeal allowed; summary judgment granted to claimant
Legal Topics
Employment Contract Variation, Bonus Entitlement, Summary Judgment, Implied Acceptance of Contract Terms
Employment Law Contract Law Employment Contract Variation Bonus Entitlement Summary Judgment Implied Acceptance of Contract Terms

Case Brief

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Parties

Saleem Khatri

Claimant/appellant

Cooperatieve Centrale Raiffeisen-Boerenleenbank BA

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Summary Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to a performance-related bonus under the March 2008 contract
  2. 2 Whether the contract was validly varied by the July 2008 correspondence and conduct
  3. 3 Whether summary judgment was appropriate given the facts

Ratio Decidendi

The March 2008 contract conferred a right to a performance-related bonus calculated by the specified formula for 2008. There was no unequivocal acceptance by the claimant of the July 2008 variation, and the facts did not require a trial. Summary judgment should be granted for the claimant.

Court Disposition

Appeal allowed; summary judgment granted to claimant

Orders

  • Summary judgment for the claimant for the bonus sum claimed under the contract