OCA clarifies bonus entitlement for terminated employees


A recent Ontario Court of Appeal judgment may resolve a long-standing question in the courts as to whether terminated employees are entitled to bonus payments earned during their notice period, says Toronto labour and employment lawyer John De Vellis.

"Historically, there’s been a fair amount of uncertainly around the issue of bonus payments in wrongful termination cases,” he tells

“Employers fall back on their bonus policies that state employees are eligible to receive bonuses if they’re employed as of a specific date, whereas employees generally argue they should be deemed to be actively employed until the end of the notice period.”

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