Pestalozzi wins bonus claim of Senior Executive in Swiss Supreme Court
This leading case of June 28, 2019, (4A_603/2018) clarifies when an employee has a legal entitlement to a bonus payment under a fully discretionary bonus plan. The employer (at that time still privately held) introduced a fully discretionary bonus plan in order to retain key personnel for a certain period of time after going public. Pestalozzi advised the employee, a member of the group executive board, in the bonus dispute with his former employer. The litigation went through the whole court system, with the Employment Court, the Cantonal High Court and ultimately the Swiss Supreme Court all ruling in favour of the Pestalozzi client.