Is an employee entitled to an early retirement gratuity?
Ontario, Canada
The following excerpt is from Gammon v. Gammon, 2008 CanLII 54968 (ON SC):
In Gasparetto v. Gasparetto, [1988] O.J. No. 860 (H.C.J.), the Supreme Court of Ontario High Court of Justice held that an early retirement incentive plan was not property in that it was gratuitous in nature on the part of the employer; however, a retirement gratuity was not gratuitous on the part of the employer as it was a right of the employee under the collective agreement. In accordance with that reasoning, the retirement gratuity was considered property for equalization purposes, but not for spousal support purposes.
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