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Salesperson Gets Bonus She’d Have Earned If Not Constructively Dismissed

An equities salesperson claimed constructive dismissal after the firm revised her position and reduced her responsibility. The trial court agreed she was constructively dismissed effective Jan. 2009 and awarded her 11 months’ notice ($75K) and $140K in bonuses based on the firm’s financial performance in 2009, which happened to be a subpar year. The salesperson appealed, contending that the court should have based the bonus damage award on an historical 3-year average instead. But the Ontario high court disagreed. Sure, the firm had an atypically lousy 2009; but that’s what the salesperson’s bonus would have been based on had she not been constructively dismissed [Evans v. Paradigm Capital Inc., 2018 ONCA 952 (CanLII), Nov. 27, 2018].

Bongarde Editorial

Bongarde Editorial

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