What are the legal principles that apply in the granting of a discretionary bonus?
Ontario, Canada
The following excerpt is from Bain v UBS, 2016 ONSC 5362 (CanLII):
In Mathieson v. Scotia Capital Inc.[xxviii], the court considered the legal principles that apply in the granting of a discretionary bonus. While an employer could “adjust the weight given to various factors from year to year. … What is important in terms of fairness, is that the criteria each year are reasonable, that they are communicated to employees and that they are applied ‘consistently among employees’” (citations omitted).[xxix]
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