Koski v Terago Networks Inc.

Koski was dismissed without cause and without notice after 13 years of employment. Although he had an employment contract, it did not include a termination clause. The Supreme Court of British Columbia found that Koski was entitled to the bonus he would have received during his notice period despite a bonus plan/policy that contained restrictive language to the contrary.  Terago Networks was liable for Koski’s bonus during the notice period, with total damages of $102,670.62. In reaching this decision, Justice Hori discussed previous cases including Paquette and Matthews, which found that terms requiring employees to be “full-time” or “actively employed” will not suffice to remove an employee’s common law rights to damages.