Is a terminated employee entitled to a bonus entitlement based on their performance prior to their dismissal?
British Columbia, Canada
The following excerpt is from Beach v. Ikon Office Solutions Inc., 1999 CanLII 5522 (BC SC):
Where the employer has experienced financial difficulties in the notice period, or the employer's policy has had a significant impact on the discharged employee's earnings, it may be appropriate to base bonus entitlement on the employee's performance prior to dismissal: see, e.g., Kennedy v. Gescan Ltd. (1991), 41 C.C.E.L. 134, esp. at 140 (B.C.S.C.) and Veach v. Diversey Inc. (1993), 1 C.C.E.L. (2d) 242, esp. at 247 (B.C.S.C.).
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