The appellants appealed a wrongful dismissal judgment, arguing the respondent failed to mitigate his damages by refusing an oral offer of re-employment and missing a job interview.
The Court of Appeal upheld the trial judge's findings that the respondent's request for a written offer and legal advice was reasonable, and his overall mitigation efforts were diligent.
The court also declined to interfere with the 22-month notice period and the trial costs award.
The appeal was dismissed.