The appellant employer appealed and the respondent employees cross-appealed from a motion judge's orders awarding wrongful dismissal damages following the dismissal of the respondents without cause after the sale of part of the employer's retail business.
The appeal addressed whether the respondents failed to mitigate damages by refusing comparable employment with the purchaser, and whether damages for employment benefits should be reduced by pension benefits received.
The cross-appeal concerned the calculation of damages for lost Savings Plan contributions.
The court dismissed the appeal, finding the motion judge did not err in determining the offered employment was not comparable and that pension benefits should not be deducted.
The court allowed the cross-appeal, finding the motion judge erred in calculating Savings Plan contributions at 3% rather than 6%.
