Typically you are entitled to receive all the remuneration you would have received if you had been provided with reasonable notice of termination. This includes the type of bonus you could reasonably “count on” receiving. Where the bonus is set out in a formula, then so long as the company meets the requirements of a bonus payment according to the formula, you should be entitled to a bonus as a component of a claim for wrongful dismissal.
Purely discretionary bonuses are more difficult to claim, though not impossible. Where a bonus plan specifically provides that no bonus is payable after notice of termination is provided or where a plan requires “active employment” at the time of payout, then the employer may have a defence to the bonus claim. The specific wording of these plans must be reviewed carefully on a case by case basis. See Wilson v. UBS Securities Canada in “Our Cases” on this website for an analysis of a discretionary bonus claim where we successfully recovered a discretionary bonus of $425,000 in a constructive dismissal case.
Similar considerations apply to commissions earned for service up to the time of dismissal and into the notice period which was improperly denied.