The appellant employer appealed a Small Claims Court judgment finding that it had wrongfully dismissed the respondent employee.
The employer argued the Deputy Judge made a palpable and overriding error of fact by failing to consider hearsay evidence suggesting the employee had voluntarily resigned by transferring his duties.
The Divisional Court dismissed the appeal, finding that the employee's email and actions did not constitute a clear and unequivocal resignation, and the unconsidered hearsay evidence would not have changed the result.
