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The court awarded unpaid wages to a self-represented employee after the trial judge misapprehended evidence.
The appellant, a self-represented litigant, sued her former employer for constructive dismissal and unpaid wages.
The trial judge found constructive dismissal but denied damages based on a contractual notice provision.
The trial judge also dismissed the claim for unpaid wages, statutory holidays, and sick days, finding the appellant had abandoned these claims.
The Divisional Court affirmed.
The Court of Appeal allowed the appeal in part, finding the trial judge had misapprehended the evidence regarding abandonment of the unpaid wages claim and failed to make adequate inquiries of the self-represented litigant.
The court awarded judgment for unpaid wages and costs.
Small Claims Court appeal dismissed; trial judge reasonably found appellant abandoned claims for unpaid wages.
The appellant appealed a Small Claims Court decision dismissing her claim for damages for constructive dismissal and unpaid wages against her former employer.
The trial judge found she was constructively dismissed but that her employment contract governed the notice period, which she had received.
The trial judge also found she had abandoned her claims for unpaid wages during the trial.
The Divisional Court found no palpable and overriding error in the trial judge's conclusion that the appellant had abandoned her claims for specific monetary compensation, as she presented no documentary quantification and explicitly stated she was not expecting compensation for them.
The appeal was dismissed.
