For years, I have said that there are two types of bonuses: discretionary or objectively calculated. Many employers use mixed wording which leads to ambiguity, and we know that any ambiguity in a contract will be interpreted contrary to the interests of the drafting party.
In Parmar v. Tribe Management Inc., (2022 BCSC 1675) Justice MacNaughton ruled that a mandatory vaccine policy introduced in October of 2021 was reasonable and that on an objective basis a reasonable employee would not have considered the policy as a substantial imposition of an essential term of the agreement.
In Henderson v. Slavkin et al., 2022 ONSC 2964 Justice Carole Brown dealt with the legality of an ESA Termination Clause. The actual termination clause itself was found to be OK, but both the confidentiality clause and the conflict of interest clause had the following sentence.