The appellant appealed the dismissal of his wrongful dismissal action.
He had been terminated for cause after bypassing a safety device on a machine, following a history of progressive discipline for safety violations.
On appeal, he argued the trial judge relied on unpleaded grounds, made palpable and overriding factual errors, and failed to resolve evidentiary conflicts.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors and concluding that the trial judge's findings on the appellant's misconduct were well-supported by the evidence.
