Background:

• Christopher Challis was employed as the CEO of Maverick from June 2012 to May 2018, without a written employment contract initially.
• A written contract was signed in 2017, providing for a $200,000 severance payment, but Maverick contested this provision.
• In 2015, Maverick declared a bonus, with half deferred. Upon Challis’s resignation, Maverick refused to pay the deferred portion of $26,442.31.

Legal Proceedings:

• Challis sought summary judgment for severance and deferred bonus. The Applications Judge ruled against the severance but awarded him the deferred bonus.

• Maverick appealed the deferred bonus ruling, asserting either that:
  • Payment was contingent on the company’s profitability, or
  • The statute of limitations barred the claim.

Decision:

• Justice Armstrong upheld the decision for summary judgment, concluding:
  • The deferred bonus agreement implied payout upon employment termination.
  • Other executives received similar payments when leaving, and correspondence indicated no discretionary denial of Challis’s payment.
  • Challis’s claim was not statute-barred as his entitlement arose upon resignation.

Challis was awarded $26,442.31 plus interest, with costs for the appeal.