Sentences with phrase «employed during the notice period»

A dismissed employee is entitled to be made whole during his or her reasonable notice period.1 In other words, the employee's severance or termination package should include all the employee's compensation and benefits (including any commission, bonuses, stock options, pension contributions and insurance benefits) that the employee would have received had the employee remained actively employed during the notice period.

Not exact matches

Notably, the evidence in that case established that during the notice period there was an «unprecedented boom» in the industry the plaintiff had been employed in.

Mr. Paquette argued that he was notionally employed by TeraGo Networks during the notice period, and therefore was entitled to his bonus.

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.

In circumstances where, as here, there was a finding that the bonus was an integral part of the terminated employee's compensation, [the employee] would have been eligible to receive a bonus in February of 2015 and 2016, had he continued to be employed during the 17 - month notice period.

Justice Perell wrote at paragraph 48 that when judgment is granted before the expiration of the reasonable notice period the courts have employed three approaches to deal with the plaintiff's own going duty to mitigate during the balance of the notice period: