Court of appeal ruling highlights language in incentive plans
Julius Melnitzer | September 30, 2019 The Ontario Court of Appeal has ruled that a strict examination of the language of an incentive plan is the key to determining whether a terminated employee is entitled to damages for a lost opportunity to earn incentive plan compensation during the reasonable notice period. “If there’s something in the language that clearly entitles the employer to terminate the plan unilaterally, the terminated employee would not have earned anything after the plan’s termination even if he had been on the job,” says Monty Verlint, a lawyer at employment law boutique Littler LLP. The issue arose when James Manastersky, an employee with 13 years of service, sued the Royal Bank of Canada’s brokerage services brand, RBC Dominion Securities, for wrongful dismissal after he turned down a termination offer. Read: A look at trends in long-term incentive plans Manastersky joined the bank in 2001 as director of a mezzanine fund. From 2004 to 2014, he participated in a specific incentive compensation plan that depended on the performance of the fund. In mid-2013, RBC Dominion Securities told Manastersky it was reconsidering its investment in the fund. The following February, he was terminated without cause and offered his base salary, bonus payments and benefits for...