The appellants appealed a wrongful dismissal judgment.
The Court of Appeal upheld the trial judge's finding of fact that there was no consideration.
However, the Court found the trial judge erred regarding mitigation, as ongoing litigation alone did not justify the respondent's refusal to accept a recall to work, absent evidence of a poisoned workplace.
The Court declined to consider promissory estoppel as it was not raised at trial.
The appeal was allowed in part, reducing the notice period to eight months, with costs of the appeal awarded to the respondent.
