The appellant employer appealed a trial judgment finding that a 1990 written employment contract no longer applied to the respondent employee due to a fundamental change in the nature of his job.
The Court of Appeal dismissed the appeal, finding ample evidence to support the trial judge's conclusion that the respondent's responsibilities, remuneration, and title had dramatically changed.
The court also upheld the award for vacation pay.
The respondent's cross-appeal regarding claims for an obligatory bonus, a savings bonus, and 1996 vacation pay was also dismissed, as the trial judge's factual findings on these issues revealed no palpable and overriding error.
