The appellant appealed a Small Claims Court decision regarding her termination.
After her position became redundant, the parties agreed to ten weeks of working notice.
The employer breached this agreement after five weeks, alleging job abandonment, and the trial judge awarded the appellant the remaining five weeks' pay.
On appeal, the appellant argued the agreement lacked consideration and its breach constituted rescission entitling her to common law notice.
The Superior Court dismissed the appeal, finding the agreement valid and the breach a repudiation rather than rescission, as the appellant had already received half the benefit of the contract.
