The Motion Judge awarded Mr. Paquette 17 months» salary and benefits, but refused to award an amount for loss of bonus
payments during the reasonable notice period.
Not exact matches
The Court held that Mr. Singer was not entitled to a bonus
payment for 2017 or 2018,
during the
reasonable notice period given that the bonus was tied to work performance.
Demonstrate that the employee would not have received a
payment or that the bonus would have been nil as per the terms of the bonus plan notwithstanding the employee's eligibility to still participate in it
during their
reasonable notice period.
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.
I will therefore, subject to the practical requirements of motion and trial scheduling, hear any further motion for summary judgment or a trial of an issue with respect to the employer's obligation to make
payments to the Plaintiff
during the balance of the
period of
reasonable notice.
The
payment of variable compensation
during the
reasonable notice period will depend on whether the variable compensation was an integral part of the employee's annual salary and the language of the plan.3
In Correa, the Court awarded a lump sum
payment for the maximum
notice period, which included damages for the unexpired
period of
reasonable notice and the plaintiff was ordered to account to the defendant for any earnings
during the
notice period.
If the variable compensation plan is ambiguous about
payment after the employee has been dismissed then the employee will be entitled to the variable compensation if it would have been paid
during the
reasonable notice period.4
Usually, an employer may choose to terminate an employee by providing «
reasonable notice» of termination or
payment in lieu equivalent to earning that would have been paid
during the
notice period.
Justice Collier explained that «[t] he law in Québec concerning the
payment of bonuses is similar to that in other Canadian provinces... [a] n employee is entitled to receive a bonus owed
during a
notice period when the employee has a
reasonable expectation, based on past practice, that it will be paid.»