The appellant employer appealed a judgment awarding the respondent damages for wrongful dismissal, arguing the trial judge erred in finding no just cause for dismissal and no failure to mitigate.
The Court of Appeal upheld the trial judge's findings on just cause, noting the lack of admissible evidence regarding a culminating customer complaint.
The Court also upheld the finding that the respondent did not fail to mitigate, as the appellant failed to prove comparable employment was available.
However, the Court allowed the appeal in part, finding the trial judge erred by refusing to deduct income the respondent earned in a lower-paying position during the notice period.
The damages award was reduced by the $32,881.43 earned in mitigation.
