The appellant employee appealed the dismissal of his Small Claims Court action for wrongful dismissal.
The employee had refused to perform temporary duties in the shipping department unless he was paid the higher wage rate associated with that position.
The employer treated this as a resignation or, alternatively, just cause for termination due to insubordination.
The Divisional Court upheld the trial judge's finding that the employer's request was reasonable and lawful based on company policy and past practice, and that the employee's repeated refusals constituted a repudiation of an essential condition of his employment contract.
The appeal was dismissed.
