Paul Boshyk

1 month ago | mondaq.com | Danielle Perris |Kritika Sharma |Paul Boshyk

In Kirke v Spartan Controls Ltd.,1 theAlberta Court of Appeal held that even if shareholder profitsharing ("SHPS") payments are an integral part of anemployee's total compensation package, a well-drafted share buyback clause can limit the employee's entitlement to SHPSpayments during the reasonable notice period. BackgroundAfter almost 25 years as a manager with Spartan Controls("Spartan"), Mr. Kirke's employment was terminatedwithout just cause.

1 month ago | lexology.com | Danielle Perris |Kritika Sharma |Paul Boshyk

In Kirke v Spartan Controls Ltd.,[1] the Alberta Court of Appeal held that even if shareholder profit sharing (“SHPS”) payments are an integral part of an employee’s total compensation package, a well-drafted share buy back clause can limit the employee’s entitlement to SHPS payments during the reasonable notice period. BackgroundAfter almost 25 years as a manager with Spartan Controls (“Spartan”), Mr. Kirke’s employment was terminated without just cause.