The defendants appealed a Small Claims Court judgment awarding the plaintiff damages for wrongful dismissal, statutory holiday pay, and bad faith damages.
The defendants argued the plaintiff had abandoned her employment by failing to report to work after a heated dispute.
The Divisional Court upheld the Deputy Judge's finding that the plaintiff was wrongfully dismissed, as the employer's actions created legitimate uncertainty about her employment status and the employer failed to clarify it.
However, the Court allowed the appeal in part, reducing the reasonable notice period from 21.5 weeks to 13 weeks based on a proper application of the Bardal factors.
