Am I entitled to bonuses or commissions during my notice period after being fired in Ontario?
Generally, yes. Wrongful dismissal damages are meant to put you in roughly the same financial position you would have been in had you worked through the full reasonable notice period, which usually includes bonuses or commissions you would likely have earned during that time, not just your base salary alone. Whether a specific bonus or commission plan is actually included often comes down to the exact wording of the compensation plan and your employment contract.
Some plans contain clear, properly drafted language limiting or excluding these amounts during a notice period, and Ontario courts will generally enforce clear, unambiguous language of that kind, similar to how they treat other contractual limits on notice-period entitlements. Where the plan's wording is unclear or entirely silent on what happens after termination, courts have generally leaned toward including reasonably foreseeable bonus or commission amounts in the overall damages calculation, since excluding them would understate the real value of what you actually lost by being dismissed without proper notice.
Key takeaways
- Wrongful dismissal damages generally aim to reflect what an employee would have earned through the notice period, including bonuses and commissions.
- Whether a specific bonus or commission plan is included often depends on the plan's exact wording.
- Clear, properly drafted language limiting these amounts during notice is generally enforced.
- Unclear or silent plan wording tends to favour including these amounts in the damages calculation.