The appellant employer appealed a trial judgment awarding the respondent damages for wrongful dismissal.
The trial judge found that the respondent's employment was terminated without cause and that two options offered to employees of Loyalist College were implied terms in her employment contract.
The Court of Appeal held that the respondent's acceptance of an early retirement proposal from the college did not constitute a 'return to Loyalist College' under the options, and therefore did not preclude her wrongful dismissal claim against the appellant.
The appeal was dismissed.