The respondent was employed by the appellant, a commercial real estate company, from 2001-2004 and again from 2009-2017, serving as Managing Director.
Upon termination without cause on January 19, 2017, the respondent received statutory minimums under the Employment Standards Act but no bonus compensation.
The respondent sued for wrongful dismissal, claiming damages for reasonable notice, benefits during the notice period, and lost bonus compensation.
The motion judge found the termination clause unenforceable as it contracted out of employment standards without providing greater benefits.
The Court of Appeal upheld this finding and confirmed the respondent's entitlement to bonus damages for both the period worked and the notice period, as well as benefits compensation.