Following an earlier summary judgment in a wrongful dismissal action, the court released an addendum addressing inadvertent errors, the employee's entitlement to bonus compensation during the common law notice period, mitigation deductions, and costs.
Applying the governing appellate authorities on bonus entitlement, the court held that an active employment requirement did not unambiguously remove the employee's right to damages in lieu of bonus during the notice period where the bonus was an integral part of compensation.
The court calculated the future bonus component by averaging the employee's bonuses over the prior three years, deducted a comparable vehicle benefit obtained in replacement employment, and fixed total damages at $178,879.98.
Partial indemnity costs plus disbursements were awarded in the amount of $43,879.63.
