The plaintiff employee brought a motion under Rule 21.01(1)(a) seeking a pre-trial determination that the termination provision in her employment agreement was unenforceable.
The defendant employer opposed the motion, arguing it was an inappropriate use of the rule.
The court dismissed the motion, finding that the interpretation of the termination provision was a question of mixed fact and law, not a pure question of law.
Furthermore, the court held that deciding the issue would not dispose of the action, substantially shorten the trial, or save costs, especially since the primary issue was whether the employer had just cause for termination.