However, the Tribunal found that $ 15,000 was an appropriate
award of compensation for injury to dignity, feelings and self - respect, and that $ 2,678.50 is an appropriate award to the applicant for lost income.
Accordingly, in my view,
an award of compensation for injury to dignity, feelings and self - respect in the amount of $ 150,000 as requested on behalf of O.P.T. is appropriate.
However, there is a mechanism by which such a claimant could obtain from the court
an award of compensation for injury to feelings caused by their dismissal in appropriate circumstances.
The TUC reports that
awards of compensation for Work Related Illnesses have actually fallen by 60 % between 2001 and 2013.
Not exact matches
On April 28, 2009, the Bloc's critic
for the Economic Development Agency
of Canada
for the Regions
of Quebec, Jean - Yves Laforest, introduced a motion in the House
of Commons calling
for the feds to negotiate in good faith with the Government
of Quebec to resolve the dispute, demanding a
compensation package prorated to that
awarded Ontario.
Add another one to the list:
for one year, it smashed all records
for the highest executive
compensation in Canada,
awarding its former CEO Michael Pearson $ 179 million in company stock,
for a total take - home
of $ 182 million, more than double paid to the previous year's highest paid CEO, BlackBerry's John Chen.
The majority
of companies have instituted limits just
for stock - based
awards, while others have targeted overall
compensation, including cash.
JPMorgan noted that its calculation
of Mr. Dimon's 2010
compensation did not include the $ 17 million in restricted stock and options that he was
awarded in February
for his performance last year.
In its proposal, the AFL - CIO argues, «In our view, the vesting
of equity
awards that would otherwise be forfeited after a voluntary termination is a windfall payment, not a form
of deferred
compensation for previous service.»
Represents share - based
compensation expense associated with equity
awards for the periods indicated; also includes the portion
of annual non-cash incentive
compensation expense that eligible employees elected to receive or are expected to elect to receive as common equity in lieu
of their 2017 and 2018 cash bonus, respectively.
Based on performance assessments, the CEO attends a meeting
of the
Compensation Committee held for the purpose of considering the individual executives» annual compensation and recommends the base salary and any incentive bonus awards or long - term incentive awards, if applicable, for each of the executive officers, including the named executi
Compensation Committee held
for the purpose
of considering the individual executives» annual
compensation and recommends the base salary and any incentive bonus awards or long - term incentive awards, if applicable, for each of the executive officers, including the named executi
compensation and recommends the base salary and any incentive bonus
awards or long - term incentive
awards, if applicable,
for each
of the executive officers, including the named executive officers.
Sales leaders use sales metrics to track progress toward goals, prepare
for the future, adjust sales
compensation,
award incentives and bonuses, spot problems before they get out
of hand, and more.
Under the terms
of the LTICP, in addition to or in lieu
of stock options, we may
award, and have
awarded in selected situations
for retention purposes or to address other competitive pressures, other types
of equity - based long - term
compensation, including restricted stock, RSRs, stock
awards, stock appreciation rights, performance shares, or performance units.
Realized
compensation is not a substitute
for reported
compensation in evaluating our
compensation structure, but we believe that realized
compensation is an important factor in understanding that the value
of compensation that Mr. Musk ultimately realizes is dependent on a number
of additional factors, including: (i) the vesting
of certain
of his option
awards only upon the successful achievement
of a number
of market capitalization increase and operational milestone targets, including milestones that have not
Taking into consideration the actual salary, annual incentive payout and long - term incentive
award for the period 2013 - 2015, Mrs. Rometty earned 55 %
of her annual total target
compensation in 2015.
Other than periodic incentive plans that were historically provided to Mr. McNeill based on the achievement
of specific customer - related metrics, including as set forth under the «Non-Equity Incentive Plan
Compensation» column in «Executive
Compensation — Summary
Compensation Table» below, we do not currently have or have planned any specific arrangements with our named executive officers providing
for cash - based bonus
awards.
However, we show in column (e)
of the Summary
Compensation Table the
awards of RSRs to John G. Stumpf and Howard I. Atkins in 2002 and 2001, respectively, and
for Mr. Stumpf, whose RSR
award vested in full in 2007, the number
of shares and value he acquired in columns (d) and (e)
of the «Option Exercises and Stock Vested» table.
Taking into consideration the actual salary, actual annual incentive payout and actual long - term incentive
award for the period 2013 - 2015, Mrs. Rometty earned 55 %
of her annual total target
compensation in 2015.
For each proxy statement position, this
compensation data was ranked from highest to lowest by the combined total amount
of annual cash plus the annualized value
of long - term incentive
awards.
In August 2012, to create incentives
for continued long - term success from the then - recently launched Model S program as well as from Tesla's then - planned Model X and Model 3 programs, and to further align executive
compensation with increases in stockholder value, the Board granted to Mr. Musk a stock option
award to purchase 5,274,901 shares of Tesla's common stock (the «2012 CEO Performance Award»), representing 5 % of Tesla's total issued and outstanding shares at the time of g
award to purchase 5,274,901 shares
of Tesla's common stock (the «2012 CEO Performance
Award»), representing 5 % of Tesla's total issued and outstanding shares at the time of g
Award»), representing 5 %
of Tesla's total issued and outstanding shares at the time
of grant.
Additional information about the LTICP and other plans pursuant to which
awards in the form
of shares
of the Company's common stock may be made to directors and employees in exchange
for goods or services is provided under «Equity
Compensation Plan Information.»
These include risks relating to setting ambitious targets
for our employees»
compensation or the vesting
of their equity
awards and the potential impact
of such targets on the decision - making
of our employees, particularly our senior management.
After reviewing the revised peer group director
compensation data in June 2009, the committee 1) set pay
for the new non-executive Chairman
of the Board, 2) increased the value
of the annual equity
award from $ 145,000 to $ 175,000, since the previous level
of compensation was deemed below the market median, and 3) changed the equity grant vehicle from 100 % restricted stock units (RSUs) to 50 % RSUs and 50 % outperformance stock units (OSUs) in order to more closely align with the equity package that Intel executives receive.
To the extent that in 2018 or any later year, the aggregate amount
of any covered officer's salary, bonus, and amount realized from option exercises and vesting
of restricted stock units or other equity
awards, and certain other
compensation amounts that are recognized as taxable income by the officer exceeds $ 1,000,000 in any year, we will not be entitled to a U.S. federal income tax deduction
for the amount over $ 1,000,000 in that year.
Any significant increase in cash
compensation in lieu
of equity
awards would reduce the cash otherwise available
for operations and investment in our business.
As discussed in the CD&A under «
Compensation Components» and «Achieving Compensation Objectives — Pay for Performance,» we have provided incentive compensation in the form of an annual cash incentive award based on Company, business line and individual qualitative performance results for each fiscal year, and long - term incentive compensation generally in the form of stock option grants and, in certain circumstances, RSRs to reward our SEOs for contribution to growth in long - term stockh
Compensation Components» and «Achieving
Compensation Objectives — Pay for Performance,» we have provided incentive compensation in the form of an annual cash incentive award based on Company, business line and individual qualitative performance results for each fiscal year, and long - term incentive compensation generally in the form of stock option grants and, in certain circumstances, RSRs to reward our SEOs for contribution to growth in long - term stockh
Compensation Objectives — Pay
for Performance,» we have provided incentive
compensation in the form of an annual cash incentive award based on Company, business line and individual qualitative performance results for each fiscal year, and long - term incentive compensation generally in the form of stock option grants and, in certain circumstances, RSRs to reward our SEOs for contribution to growth in long - term stockh
compensation in the form
of an annual cash incentive
award based on Company, business line and individual qualitative performance results
for each fiscal year, and long - term incentive
compensation generally in the form of stock option grants and, in certain circumstances, RSRs to reward our SEOs for contribution to growth in long - term stockh
compensation generally in the form
of stock option grants and, in certain circumstances, RSRs to reward our SEOs
for contribution to growth in long - term stockholder value.
A portion
of these
awards is generally subject to continued post-acquisition employment, and this portion has been accounted
for as post-acquisition share - based
compensation expense.
The following table provides information on
awards granted under the PfR Plan
for fiscal 2010 and
awards of PRUs and
awards of restricted stock units («RSUs») granted as part
of fiscal 2010 long - term incentive
compensation:
This same mix
of performance - based and time - based
awards has been granted by the Committee
for the past several years and reflects HP's primary emphasis on performance driven
compensation, with the time - based
awards providing a measure
of retention value, which is also an important component
of the overall executive
compensation arrangement.
Last summer, the Canadian Coalition
for Good Governance
awarded ARC Resources Ltd. (TSX: ARX) its 2016 Governance Gavel
Awards for Best Disclosure
of Corporate Governance and Executive
Compensation Practices.
The Company recognizes
compensation expense equal to the grant date fair value
of the common stock on a straight - line basis over the period during which the employee is required to perform service in exchange
for the
award.
Additional information about the LTICP and other plans pursuant to which
awards in the form
of shares
of our common stock may be made to directors and employees in exchange
for goods or services is provided under «Equity
Compensation Plan Information.»
On December 31, 2009, the Company had 5.18 billion outstanding shares
of common stock, and approximately 734 million shares reserved
for issuance
for outstanding convertible preferred stock, the warrant issued in connection with the TARP CPP investment, dividend reinvestment, deferred
compensation plans, long - term incentive
compensation awards, and in connection with employee benefit plans.
corporate goals and objectives
for CEO
compensation including,
for long - term
compensation, the Company's performance and relative stockholder return, the value
of similar
awards to CEOs at comparable companies and past CEO
awards; and
The HRC has reaffirmed the policy
of deferring a portion
of annual incentive
compensation for the Company's highest earners in the form
of long - term
awards whose vesting terms take into account longer risk - emergence periods, and has overseen the implementation
of standard performance objectives
for the Company's control function staff to further prevent or discourage excessive risk - taking.
In addition, pursuant to our outside director equity
compensation policy, in the event
of the termination
of a non-employee director's service to the Board as a result
of death, disability or retirement, all
of the non-employee director's equity
compensation awards will become fully vested, provided that the non-employee director served as a member
of the Board
for at least three years prior to the date
of termination and the non-employee director satisfied our equity ownership guidelines during his or her service as a Board member.
The Company may, to the extent permitted by applicable law, deduct from and set off against any amounts the Company may owe to the Participant from time to time (including amounts payable in connection with any Incentive
Award, owed as wages, fringe benefits, or other
compensation owed to the Participant), such amounts as may be owed by the Participant to the Company, although the Participant shall remain liable
for any part
of the Participant's payment obligation not satisfied through such deduction and setoff.
The HRC did not alter the overall
compensation program
for named executives
for 2011, which consisted
of base salary, an annual incentive
award opportunity and an equity - based long - term incentive
award opportunity.
In determining the
compensation of our named executive officers other than our Chief Executive Officer, the
compensation committee receives input from our Chief Executive Officer and Executive Vice President
of Human Resources with respect to appropriate base salary levels and short - term and long - term incentive
awards for such officers.
(2) Reflects 2015 Merger - related adjustments including the change to align Kraft to Kraft Heinz's accounting policy
for postemployment benefit plans; incremental amortization resulting from the fair value adjustment
of Kraft's definite - lived intangible assets; incremental
compensation expense due to the fair value remeasurement
of certain
of Kraft's equity
awards; and, certain deal costs related to the 2015 Merger.
on a pro forma basis, giving effect to (i) the automatic conversion
of all
of our outstanding shares
of convertible preferred stock other than Series FP preferred stock into shares
of Class B common stock and the conversion
of Series FP preferred stock into shares
of Class C common stock in connection with our initial public offering, (ii) stock - based
compensation expense
of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition
for which the service - based vesting condition was satisfied as
of December 31, 2016 and which we will recognize on the effectiveness
of our registration statement in connection with a qualifying initial public offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital
of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value
of our common stock as
of December 31, 2016, as we intend to issue shares
of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance
of 7.6 million shares
of Class A common stock and 5.5 million shares
of Class B common stock that will vest and be issued from the settlement
of such RSUs, (v) the issuance
of the CEO
award, as described below, and (vi) the filing and effectiveness
of our amended and restated certificate
of incorporation which will be in effect on the completion
of this offering.
For the calculation of diluted net loss per share, net loss per share attributable to common stockholders and preferred Series D, E, F, and FP preferred stockholders for basic net loss per share is adjusted by the effect of dilutive securities, including awards under our equity compensation pla
For the calculation
of diluted net loss per share, net loss per share attributable to common stockholders and preferred Series D, E, F, and FP preferred stockholders
for basic net loss per share is adjusted by the effect of dilutive securities, including awards under our equity compensation pla
for basic net loss per share is adjusted by the effect
of dilutive securities, including
awards under our equity
compensation plans.
The table above does not include (i) 5,952,917 shares
of Class A common stock reserved
for issuance under our 2015 Incentive
Award Plan (as described in «Executive
Compensation — New Employment Agreements and Incentive Plans»), consisting
of (x) 2,689,486 shares
of Class A common stock issuable upon exercise
of options to purchase shares
of Class A common stock granted on the date
of this prospectus to our directors and certain employees, including the named executive officers, in connection with this offering as described in «Executive
Compensation — Director
Compensation» and «Executive
Compensation — New Equity
Awards,» and (y) 3,263,431 additional shares
of Class A common stock reserved
for future issuance and (ii) 24,269,792 shares
of Class A common stock issuable to the Continuing SSE Equity Owners upon redemption or exchange
of their LLC Interests as described in «Certain Relationships and Related Party Transactions — SSE Holdings LLC Agreement.»
As a result
of changes to the tax laws, we expect that equity
awards granted or other
compensation provided under arrangements entered into or materially modified on or after November 2, 2017 generally will not be deductible to the extent they result in
compensation to certain
of our named executive officers
for or after 2017 that exceeds $ 1 million in any one year
for any such officer.
The pro forma consolidated balance sheet data gives effect to (i) the automatic conversion
of all
of our outstanding shares
of convertible preferred stock other than Series FP preferred stock into shares
of Class B common stock and the conversion
of Series FP preferred stock into shares
of Class C common stock in connection with our initial public offering, (ii) stock - based
compensation expense
of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition
for which the service - based vesting condition was satisfied as
of December 31, 2016 and which we will recognize on the effectiveness
of our registration statement in connection with this offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital
of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value
of our common stock as
of December 31, 2016, as we intend to issue shares
of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance
of 7.6 million shares
of Class A common stock and 5.5 million shares
of Class B common stock that will vest and be issued from the settlement
of such RSUs, (v) the issuance
of the CEO
award, as described below, and (vi) the filing and effectiveness
of our amended and restated certificate
of incorporation which will be in effect on the completion
of this offering.
The number
of shares
of our Class A common stock outstanding after this offering as shown in the tables above is based on the number
of shares outstanding as
of September 24, 2014, after giving effect to the Transactions and the Assumed Redemption, and excludes 5,952,917 shares
of Class A common stock reserved
for issuance under our 2015 Incentive
Award Plan (as described in «Executive
Compensation — New Employment Agreements and Incentive Plans»), consisting
of (i) 2,689,486 shares
of Class A common stock issuable upon the exercise
of options to purchase shares
of Class A common stock granted on the date
of this prospectus to our directors and certain employees, including the named executive officers, in connection with this offering as described in «Executive
Compensation --
For equity
awards granted prior to recent tax law changes, these conditions were intended to qualify the stock - based
awards as tax - deductible
compensation under Section 162 (m)(4)(c)
of the Internal Revenue Code.
The number
of shares
of our Class A common stock outstanding after this offering as shown in the tables above is based on the number
of shares outstanding as
of September 24, 2014, after giving effect to the Transactions and the Assumed Redemption, and excludes shares
of Class A common stock reserved
for issuance under our 2015 Incentive
Award Plan (as described in «Executive
Compensation — New Employment Agreements and Incentive Plans»), consisting
of (i) shares
of Class A common stock issuable upon the exercise
of options to purchase shares
of Class A common stock granted on the date
of this prospectus to our directors and certain employees, including the named executive officers, in connection with this offering as described
In addition, the HRC recently expanded the use
of Performance Share
awards to a broader group
of management, and reaffirmed the Company's directive to provide a portion
of annual incentive
compensation in long - term
awards for the Company's highest earners and to create standard performance objectives
for the Company's control function staff, to further provide safeguards that either prevent or discourage excessive risk - taking.
To permit eligible
compensation to qualify as «performance - based
compensation» under Section 162 (m)
of the Code, the HRC Committee sets the overall funding target
for the «umbrella» structure
for the annual bonuses, and sets performance goals
for annual bonuses and equity
awards within the first 90 days
of the fiscal year.