The plaintiff employee brought a summary judgment motion seeking entitlement to a profit‑sharing bonus following termination without cause.
The employer argued that the bonus was discretionary and payable only to employees actively employed at the time of announcement after the fiscal year.
The court held that the profit‑sharing bonus formed part of the employee’s compensation and that the statutory notice provisions of the Employment Standards Act, 2000 prohibited altering terms of employment during the notice period.
Because the bonus was announced during the statutory notice period, denying the payment would improperly alter the employee’s compensation.
Summary judgment was granted and the employee was awarded her share of the fiscal‑year bonus.
