18-month notice includes quarterly bonuses: Court

Employer argued only current employees were entitled to bonus
|Canadian Employment Law Today|Last Updated: 11/16/2011

A British Columbia executive is entitled to bonuses during his notice period that he would have received had he still been employed, the B.C. Supreme Court has ruled.

Henry Szczypiorkowski, 62, was a senior manager, commercial real estate lending, for Vancouver-based Coast Capital Savings Credit Union. On Oct. 18, 2010, Szczypiorkowski sent an email to several other employees, including his supervisor, containing sexual jokes. Coast Capital felt this violated its code of ethics and business conduct, which Szczypiorkowski had previously signed indicating he understood it.

After an investigation, Szczypiorkowski admitted he probably should not have sent the email, but Coast Capital decided to terminate his employment for violating its policies. He was officially terminated on Nov. 16, 2010.