What is the test for determining whether an employer has had a particularly bad year?
British Columbia, Canada
The following excerpt is from Gillies v. Goldman Sachs Canada Inc., 2000 BCSC 355 (CanLII):
Counsel for the plaintiff submits that where an employer has had a particularly bad year the court “will not saddle the dismissed employee with the peculiarities of those financial difficulties, but will base bonus entitlement on the employee’s performance prior to dismissal”. See Kennedy v. Gescan, supra.
In Kennedy v. Gescan, Wong J. at page 5 in arriving at the appropriate bonus award wrote: Given the present financial difficulties of the defendant company I think that the appropriate amount of bonus should be comparable to what was paid to the plaintiff in 1990. Wong J. was in the process of arriving at the 1991 bonus award when he wrote the foregoing passage.
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