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Incentive Plans In Alberta Can Still Limit Entitlements to “Actively Employed” Employees

The recent Queen’s Bench decision Styles v. AIMC was widely discussed given that it found an employee was entitled to LTIP awards vesting after termination despite clear contractual language requiring the employee to be “actively employed” on the LTIP payout date.  The Trial Judge found that dismissing an employee without allowing his LTIP grants to vest was “bad faith” in contractual relations (as an unprecedented extension of the principles … Continue Reading

No Bonus For You! (Sorry You Weren’t Actively Employed)

A recent Ontario Superior Court of Justice decision upheld a provision in a written bonus program that required an employee to be “actively employed on the date of the bonus payout”. This finding meant that the wrongfully dismissed employee did not receive the value of his bonus during his common law notice period because, as … Continue Reading
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