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.
