The appellant employer appealed a trial judgment finding that the respondent employee had a fixed-term employment contract.
The Court of Appeal allowed the appeal, holding that the trial judge erred by failing to apply the threshold requirement that language establishing a fixed term must be unequivocal and explicit.
The court found the evidence of a fixed term ambiguous and held that an adverse inference against the employer for not testifying was inappropriate without a prima facie case.
The court substituted a finding of an indefinite contract and awarded the respondent 8 months' reasonable notice.
