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Summary judgment granted awarding 18 months' notice and lost sales bonuses, but excluding unvested stock units.
The plaintiff, a 59-year-old senior executive with 14 years of service, was terminated without cause.
On a motion for summary judgment, the court determined the reasonable notice period to be 18 months.
The court held that the plaintiff was entitled to damages for his lost Sales Target Incentives (STI) during the notice period, as the policy did not unambiguously exclude it.
However, the court found that the Long Term Incentives (LTI) agreement unambiguously excluded recovery for unvested Restricted Stock Units.
The court ordered a trust and accounting mechanism for the remainder of the notice period to account for any mitigation earnings.
An employee's claim for additional compensation was dismissed because he signed a final release and failed to meet active employment conditions.
The appellant, Aijun Zhang, appealed a Small Claims Court decision dismissing his claim for unpaid cash incentive award (CIA), bonus, and vacation pay following his termination from Dell Canada Inc. The appellant had signed a severance offer, acknowledgment, and final release.
The Divisional Court upheld the Deputy Judge's findings that the appellant was not entitled to the additional CIA or other payments, as the conditions for the CIA (continued active employment) were not met, and the signed release barred further claims.
New arguments of wrongful dismissal and inadequate notice were not considered as they were not raised at trial.
The appeal was dismissed without costs.
Appeal dismissed; former employee's claims for bonus and incentives barred by executed full and final release.
The appellant appealed a Small Claims Court decision dismissing his claim for a cash incentive award, unpaid bonus, and vacation pay following his termination.
The Divisional Court found no palpable and overriding error in the trial judge's interpretation of the employment contract and severance documents.
The court held that the appellant was not entitled to the cash incentive because he was not actively employed on the vesting date, and his claims for bonus and vacation pay were barred by the full and final release he executed upon accepting his severance package.
