In Wilste v Saestar Chemicals ( 2020 BCSC 658) Saunders J. determined that an employee fired without cause in July of 2018 was entitled to 16 months notice. About 1/3 of his total comp was pursuant to a bonus plan which had a clause which said that in order to be entitled to a bonus payment, the employee had to be employed as of March 31st, the end of the fiscal year.
In 2017, the Ontario Superior Court of Justice reiterated the importance of character of employment in Skov v G&K Services Canada, in which the character of the plaintiff’s employment was in question.
Over the past three months, as a result of COVID-19, jobs have been lost across Canada at an astonishing rate. While many industries have had to lay-off staff and downsize, others have thrived.