Showing posts with label ESA s. 01. Show all posts
Showing posts with label ESA s. 01. Show all posts

Tuesday 9 April 2019

Employee Entitled to Vacation Pay on "Discretionary" Bonus

When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superior Court of Justice, Bain v UBS, 2016 ONSC 5362 (CanLII), affirmed by the Court of Appeal for Ontario in Bain v. UBS Securities Canada Inc., 2018 ONCA 190 (CanLII), when “there were definite factors on which it was based, including performance.”

The case highlights the tension between irregular payments and the obligation to pay vacation pay.