The appellant employer appealed a Small Claims Court decision finding it had constructively dismissed the respondent employee.
The sole ground of appeal was that the trial judge failed to address the issue of mitigation of damages in his reasons, as the employee delayed starting new employment for several months.
The Divisional Court dismissed the appeal, holding that while the trial judge's reasons were deficient on their face, the record clearly showed the employee acted reasonably in delaying his new employment based on legal advice regarding a potential injunction.
The court exercised its power under s. 134 of the Courts of Justice Act to find the employee had not failed to mitigate his damages.
