Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100
| Jurisdiction | British Columbia |
| Judge | Riley |
| Citation | 2019 BCSC 100 |
| Date | 29 January 2019 |
| Court | Supreme Court of British Columbia (Canada) |
| Docket Number | S34604 |
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6 practice notes
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Lack of Clarity on Discretionary Payments Benefited Terminated Employee
...by Daniel Standing LL.B., Editor, First Reference In Thoma v Schaefer Elevator Components Inc., 2019 BCSC 100 (CanLII), the British Columbia Supreme Court re-affirms the need for employers to establish and communicate clear and explicit rules when discretionary bonuses form part of an organ......
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Broad Termination Clause And A Failure To Apply Prerequisites Results In A Bonus For Terminated Employee
...recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, reviewed the impact of a written employment agreement and the employer's past practice of applying it. The employment agreement allowed the Employer to terminate the employee without cause upon prov......
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Bonus Entitlement On The Basis Of Reasonable Expectation
...can lead to a finding that the employer has breached the employee's contractual rights. In Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, the employee, B.T., entered into a fixed-term employment contract with Schaefer Elevator for five years. In addition to his base salary, the ......
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Stick To The Program BC Supreme Court Awards Discretionary Bonus To Terminated Employee Based On 'Reasonable Expectations'
...Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, Mr. Thoma's employment contract allowed his employer, Schaefer Elevator, to terminate his employment without cause on six months' notice by providing Mr. Thoma his "contractually agreed remuneration during the six months' notice per......
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1 cases
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Pham v Petro-Tech Heat Technology Inc.,
...that does not obviate the requirement that the exercise must be done in a fair manner. [41] In Thoma v Schaefer Elevator Components Inc., 2019 BCSC 100, a significant portion of the plaintiff’s compensation was in the form of a bonus, with the bonus capped, based on “agreed upon targets” an......
4 firm's commentaries
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Broad Termination Clause And A Failure To Apply Prerequisites Results In A Bonus For Terminated Employee
...recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, reviewed the impact of a written employment agreement and the employer's past practice of applying it. The employment agreement allowed the Employer to terminate the employee without cause upon prov......
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Bonus Entitlement On The Basis Of Reasonable Expectation
...can lead to a finding that the employer has breached the employee's contractual rights. In Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, the employee, B.T., entered into a fixed-term employment contract with Schaefer Elevator for five years. In addition to his base salary, the ......
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Stick To The Program BC Supreme Court Awards Discretionary Bonus To Terminated Employee Based On 'Reasonable Expectations'
...Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, Mr. Thoma's employment contract allowed his employer, Schaefer Elevator, to terminate his employment without cause on six months' notice by providing Mr. Thoma his "contractually agreed remuneration during the six months' notice per......
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Failing To Communicate Bonus Policy Employer Ordered To Pay Out Bonus
...Brief: Thoma v. Schaefer Elevator Components Inc. The recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100 ("Schaefer"), dealt with an employee who was properly terminated with notice, but brought a claim against his previous employer alleging he did n......