interesting... and I am going to make a prediction.
The accountant will sue JBI for wrongful dismissal and/ or misrepresentation.
No one who accepts a job is just going to accept it when these kinds of bonusses slip through their fingers. And whatever case he chooses to make, the courts will be very sympathetic to the employee especially in his first year of employment. His first crack at it so to speak. Unless the accountant is totally incompetent, which JBI would have to prove. If it was a matter beyond the accountant's control, well then the CFO will have a good case. May be Constructive Dismissal, yet another option.
JBI had to deal him a hand that could be played. Note the qualifier: "Successful completion of attached job description is a prerequisite and crucial part of value based management." The same tactic was used with Kaplanis. JBI will say that the CFO did not do his job in some way.
Fact is that this is a typical bonus in the form of a "lure" that was used to get the CFO to accept the job. Bonusses are a common vague promise used to lure people into accepting jobs. I come from teh software industry, and it is common to offer such bonuses and then to reneg on them.
One of two things happened; he was misled in accepting the position, it just was not doable; or the CFO is completely incompetent. If he got pressured into releasing financials that were not agreeable to him, that is the same as being misled. THat could also be construed as Constructive Dismissal. Either way,,, I predict the CFO will resign. Total incompenence is hard to prove.
We will definitely be hearing about this one.
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