Moore v. Apollo Health & Beauty Care

Summary

This is an appeal from a trial decision involving a self-represented litigant who alleged constructive dismissal and sought unpaid wages, statutory holidays, and sick days. The Court of Appeal addressed whether the trial judge erred by finding the appellant had abandoned these claims and whether the judge fulfilled their duty to ensure trial fairness for a self-represented party. The appeal also considered whether contractual notice provisions limiting entitlements to statutory minimums remained enforceable following a constructive dismissal.

Outcome

appeal allowed in part

Key Factors

• constructive dismissal
• self-represented litigant
• trial fairness
• abandonment of claims
• notice provisions