David Witkowski

Following the dismissal of the plaintiff's motion for summary judgment regarding unpaid incentive compensation, the successful defendants sought costs of $140,005 on a partial indemnity basis.

The plaintiff argued that no costs should be awarded due to the defendants' conduct causing delay, or alternatively, that the costs were excessive.

The court found that while there was some merit to the plaintiff's complaints about delay, it did not justify denying costs entirely.

The court fixed the costs at $60,000 all-inclusive, noting that the defendants' unaccepted offers to settle were relevant under Rule 57.01(1) despite not triggering Rule 49.10(2).

The plaintiff, Jacob Whiteley, sought summary judgment for $185,948 in unpaid bonuses under his employer Wipro's Sales Incentive and Large Deal Bonus Plan, related to a $119 million sales contract with Innovapost.

The central issue was whether the entire deal constituted a "contracted deal" and "committed order" by the fiscal year-end of March 31, 2014, as required by the Incentive Plan.

The court found that while a Master Services Agreement (MSA) and an amendment were in place, they did not contractually bind Innovapost to purchase services until specific Statements of Work (SOWs) were signed.

Only one SOW, valued at $19 million, was executed by the deadline, for which the plaintiff had already received payment.

The remaining SOWs were finalized after the plaintiff's departure.

The court dismissed the plaintiff's motion for summary judgment, concluding that no further bonus payments were owing as the conditions for payment on the larger deal were not met by the relevant fiscal year-end.

The plaintiff, a 52-year-old claims adjuster with over 21 years of service, moved for summary judgment for wrongful dismissal.

The defendant argued for a shorter notice period and a 10% reduction for failure to mitigate.

The court found the plaintiff's position was mid-level technical, warranting a 16-month notice period.

The court also held that the plaintiff's mitigation efforts were reasonable and declined to reduce the damages.