The appellants, a software developer and his company, appealed the dismissal of their counterclaim for wrongful dismissal and unpaid compensation against the respondent trading company.
The trial judge had found the developer was terminated for just cause due to sabotage and competition, and rejected claims for commissions, salary, and bonuses.
The Court of Appeal upheld the dismissal of the commissions claim and the finding of just cause, but allowed the appeal regarding unpaid salary and declared bonuses, finding the respondent had no right to withhold them.
The Court also reduced the trial costs award, noting a defendant is not entitled to substantial indemnity costs merely for beating its own offer to settle.
