Mr. Paquette argued that he was notionally employed by TeraGo
Networks during the notice period, and therefore was entitled to his bonus.
Not exact matches
Although the Court of Appeal ultimately awarded Mr. Paquette, a former TeraGo
Networks employee, a bonus that was payable
during the reasonable
notice period, it also provided guidance on effectively limiting employees» post-termination eligibility for bonus payments.
TeraGo
Networks successfully argued that Mr. Paquette was not entitled to a bonus that would have been paid
during the reasonable
notice period because the terms of the bonus plan required that Mr. Paquette be «actively employed» on the date the bonus was to be paid.
For example, the Ontario Court of Appeal in Paquette v. TeraGo
Networks Inc. 6 found that a term in a bonus policy that required the employee to be actively employed when the bonus is paid, without more, is not sufficient to deprive an employee of a claim for compensation for the bonus he or she would have received
during the
notice period.