The appellant employer appealed a Small Claims Court decision that awarded the respondent employee $5000 in aggravated damages for wrongful dismissal.
The appeal court found that the deputy judge erred in law by awarding aggravated damages without a finding that the employer's conduct during termination was unfair or in bad faith, and without evidence of actual damages suffered by the employee.
The appeal was allowed, and the award of aggravated damages was set aside.
