The plaintiff, Antonio Marques, was terminated without cause by the defendant, Delmar International Inc., after 7.5 months of employment.
The parties brought a motion for summary judgment to determine three issues: whether a monthly car allowance was part of the plaintiff's remuneration, whether the plaintiff was entitled to a guaranteed bonus payment as part of wrongful dismissal damages, and the amount of common law reasonable notice.
The court found the car allowance was part of remuneration.
The bonus was conditional on the notice period extending to the one-year anniversary of employment.
The court awarded 4 months' reasonable notice, which did not extend to the one-year anniversary, thus disentitling the plaintiff to the bonus.