The plaintiff, a former executive who resigned and claimed constructive dismissal, brought a motion for summary judgment for his unpaid 2011 bonus.
The parties agreed on the bonus amount, and the bank paid two-thirds in cash prior to the motion.
The issue was whether the bank could pay the remaining one-third in restricted share units (RSUs) as per its past practice and the governing plan, or if the plaintiff was entitled to cash.
The court held that the plan did not prohibit the bank from granting RSUs to a former employee, and the plaintiff was not entitled to demand the remaining balance in cash.
