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.
This year on the First Reference Talks blog, we’ve been covering some of the hot topics in employment and labour law and employee management. Making the list this year are blog posts on the topic of termination (again), on breaching confidentiality, privacy and the duty to accommodate among others.
When is a “discretionary” bonus to be included in the statutory definition of “wages”?