CONTRACT OF EMPLOYMENT - Express terms - Remuneration - Stock options

Law360 Canada ( October 8, 2026, 9:36 AM EDT) -- Appeal by Dr. Wigdor from order dismissing his claim for the value of Restricted Stock Units (RSUs) that would have vested during the common law notice period and denying punitive damages, and cross-appeal by Facebook Canada and Meta (Respondents) from the finding that the termination provisions of the employment agreement were void. The Respondents purchased Dr. Wigdor’s consulting business and employed him under an agreement recognizing his service with the business from 2011 for entitlements. The agreement nevertheless purported to permit termination on two weeks’ notice during the first three months. Dr. Wigdor received RSUs under agreements incorporated into his employment agreement. The RSUs vested quarterly as equity compensation but were forfeited immediately upon termination. The Respondents terminated his employment and paid his statutory termination entitlements 10 months later, after he commenced the application. The application judge held the termination provisions were unenforceable and awarded damages based on 10 months’ reasonable notice but denied damages for RSUs vesting during that period and punitive damages. Dr. Wigdor submitted that ss. 60 and 61 of Employment Standards Act (ESA) required continued vesting during statutory notice, that compliance was assessed when the agreements were made, and that the delayed payment warranted punitive damages. The Respondents submitted that pay in lieu covered only wages and benefits, and cross-appealed on the basis that the employment agreement recognized prior service and complied with ESA....
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