The appellant appealed a Small Claims Court judgment dismissing his action for wrongful dismissal and vacation pay.
The trial judge found that the appellant, a courier, was an independent contractor and had abandoned his position after leaving work midday following complaints from a client and failing to return for 11 days.
The Divisional Court upheld the trial judge's findings of fact, concluding there was no palpable and overriding error in determining the appellant abandoned his work and was an independent contractor.
