The plaintiff brought a motion for summary judgment in a wrongful dismissal action governed by the simplified procedure.
Both parties conducted cross-examinations on affidavits in breach of Rule 76.04(1) of the Rules of Civil Procedure and sought to rely on that evidence.
The court ruled the cross-examination evidence inadmissible, refusing to overlook the unqualified prohibition in the rule.
Based on the admissible affidavit evidence, the court found material credibility issues regarding whether the plaintiff was induced to leave her previous employment and her entitlement to a bonus.
The motion for summary judgment was dismissed, and the matter was directed to trial.
