Clark v Nomura International Plc
| Jurisdiction | England & Wales |
| Date | 2000 |
| Court | Queen's Bench Division |
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118 cases
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Lehman Brothers Special Financing Inc. v (1) National Power Corporation
...the determination did not; these include Lehman Brothers Finance SA v SAL Oppenheim Jr & Cie, KGAA [2014] EWHC 2627 (Comm) and Clark v Nomura International [2000] IRLR 766. The case of manifest numerical or mathematical error would still be a case for correction of the determination (by a......
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Dr Mahein Hussain v Surrey and Sussex Healthcare Nhs Trust
...approach is adopted when a power of this kind (or a discretion in a loose sense) is conferred by a contract of employment: see Clark v Nomura International plc, [2000] IRLR 766 at para 40 per Burton J, in a case concerned with an "individual performance" based bonus, and Mallone v BPB Indu......
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John Eric Daniels v Lloyds Bank Plc
...are effectively where the discretion is exercised in a manner which is arbitrary, capricious or otherwise irrational. So in Clark v Nomura International plc [2000] IRLR 766 at paragraphs 40–41 a proprietary trader was awarded a nil bonus even though he had generated substantial profits for ......
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IBM United Kingdom Holdings Ltd and Another v Dalgleish and Others
...discretions. Relevant employment cases included, in particular, some concerning the grant of discretionary bonuses, including Clark v Nomura International plc [2000] IRLR 402, Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287, [2005] ICR 402, and Keen v Commerzbank [2006] EWC......
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1 firm's commentaries
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Employment Matters - Easter 2012
...was fair and reasonable to replace its deferred stock scheme with a deferred cash scheme. The Court adopted the test in Clark v Nomura [2000] IRLR 766 (CA), the plaintiff must prove that "no reasonable employer" would have exercised its discretion in that Disciplinary Proceedings and Public......
5 books & journal articles
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Employers' Liability at Common Law: Two Competing Paradigms
...IRLR 299 (sexual harassment). the exercise of discretions in relation to employee remuneration,1212Clark v Nomura International plc [2000] IRLR 766; Horkulak v Cantor Fitzgerald International [2004] IRLR 942; Taylor v Motability Finance Ltd [2004] All ER (D) 341 (payment of bonuses); Clark ......
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DEALING WITH EMPLOYEE CRIMES
...Law in Singapore (LexisNexis, 2nd Ed) at p 201. 66 As to what amounts to bad faith, see, for instance, Clark v Nomura International plc[2000] IRLR 766 and Commerzbank AG v Keen[2007] IRLR 132. 67 See Employment Law in Singapore (LexisNexis, 2nd Ed) at p 233. 68 Act 32/2008. 69 See, for inst......
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BONUSES (AND OTHER PAYMENTS) IN EMPLOYMENT
...Chemical Corp Pte Ltd [2011] SGHC 166 at [22]. 5 Chew Nam Fong Ronny v Continental Chemical Corp Pte Ltd [2011] SGHC 166 at [35]. 6[2000] IRLR 766. 7Kharti v Cooperative Centrale Raiffeisen-Boerenleenbank BA[2010] IRLR 715 at [25]. 8 See, for instance, Lim Suat Hua v Singapore Health Partne......
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Contractual rights and remedies for dismissed employees after the 'employment revolution'.
...J) (emphasis added). In Australia, the employee cannot recover for discretionary benefits. But see Clark v Nomura International plc [2000] IRLR 766. (61) [2010] SASC 272 (2 September 2010) (62) Aldersea v Public Transport Co (2001) 3 VR 499, 511 [66] (Ashley J). (63) Russell (Appeal) (2008)......
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