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Bonus entitlement

By McCarthy Tétrault LLP | 4 Minutes Read March 11, 2019

Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / Bonus entitlement, Bonus entitlement on termination, constructive dismissal, employment law, termination

By SpringLaw | 2 Minutes Read November 9, 2017

Post-termination bonus entitlement

Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice.

Article by SpringLaw / Employee Relations, Payroll / Bonus entitlement, bonuses, employment law, termination, wrongful dismissal

By Earl Altman | 3 Minutes Read April 22, 2014

Better the devil you know? employee’s obligation to accept an alternate position

Ever since the Supreme Court of Canada decision in 2008 in a case Evans v. Teamsters Local Union, the courts have recognized the obligation of an employee, in certain circumstances, to accept an offer of alternate employment from their employer following dismissal. This has put many employees in the awkward position of determining whether or not the offer of employment is one that must be accepted based on the Evans’ reasoning. The difficulty faced by many employees’ counsel is the degree of difference in the position being offered, and whether such difference justifies the employee rejecting the offer of employment.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / atmosphere of hostility, Bonus entitlement, breach of contract, change in compensation, comparable job, constructive dismissal, Dismissal, duty to mitigate, economic efficiency, embarrassment or humiliation, employee’s obligation to accept an alternate position, employee’s performance, employment law, Evans v. Teamsters Local Union, failure to mitigate, Farwell v. Citair Inc., HR Law, offer of employment, Purchasing Manager’s position, reasonable efforts to find a job, reporting requirements, salary and benefits, Supreme Court of Canada, termination, terminations, working conditions

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