Key Issues

1. Wrongful Dismissal & Notice Period

   • Kirke, a Spartan employee from 1997 to 2022, was terminated and awarded 20 months' notice.
   • His entitlement to damages for salary, benefits, and bonuses was undisputed, but the inclusion of SHPS payments was contested.

2. SHPS Payments & Share Buyback

   • The SHPS program allowed employees to buy shares and receive payments based on profitability.
   • The USA granted Spartan the right to repurchase shares within 90 days of termination.
   • The trial judge ruled SHPS payments were part of Kirke’s compensation but limited by the USA buyback clause.

3. Appeal & Cross-Appeal

   • Kirke: Claimed the USA did not clearly limit his SHPS entitlement and that the buyback was oppressive and in bad faith.
   • Spartan: Argued SHPS payments were investment returns, not employment compensation.

Court’s Decision

• SHPS payments were employment compensation but contractually limited.
• The USA’s 90-day buyback provision was enforceable.
• No bad faith or oppression was found.
• The Hamilton principle correctly applied, limiting damages to 90 days of SHPS payments.

Outcome

• Both appeals dismissed; damages capped at 90 days of SHPS payments.
• The judgment does not specify costs.