The employer appealed a Small Claims Court judgment awarding a former employee damages for an unpaid bonus.
The employee had resigned before the bonus payout date, and the employer relied on a policy posted on its intranet requiring active employment at the time of payout to be eligible.
The trial judge found the policy was not sufficiently drawn to the employee's attention.
The Divisional Court dismissed the appeal, holding that the trial judge made no palpable and overriding error in concluding the communication of the policy was insufficient.
