If it is not part of the regular standard payment as detailed in their contract (eg it is overtime, bonus, travel claims, commission etc), I would guess the employer may have not to pay it - 3 months sounds a reasonable period. I've come across rules like this before and can't recall any serious challenge, but I can recall a few p*ssed off people.
Obviously if there are extenuating circumstances then you would expect a bit of leeway - eg if the person was on sick leave, abroad etc.
Note that variable payments cannot be called "wage", a wage is a regular payment.
Above is purely my opinion.
Edited by diggingdeeper (13th Jul 2011 3:46pm)
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