O’Reilly v. IMAX Corporation, 2019 ONCA 991
More and more commonly, employers are offering alternatives in
how they compensate their employees, such as the granting of share
options and restricted share units. When faced with interpreting
which of these incentives an employee is entitled to upon
termination in cases where the employee has contracted out of some
of those entitlements, courts have struggled to provide judicial
clarity. In principle, an employee is entitled to all wages,
benefits and other forms of compensation that they would have
received had they worked through their reasonable notice period.
However, confusion can arise when employment agreements seek to
limit those entitlements because of their termination.
