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ARTICLE · 03 OCTOBER 2018

Back-To-School Newsletter: Two Major Decisions Regarding Dismissal

Recently, two arbitral decisions confirmed dismissals of employees in the school system.

CanadaConsumer Protection

Recently, two arbitral decisions confirmed dismissals of employees in the school system. While the context of each case is different, in both cases the dismissals were maintained, and certain guiding principles can be retained.

First case         

In the first case1, a teacher who was on the school board's availability list was called to substitute for a 4th grade teacher who was retiring. A few months after she started, she was suspended pending an investigation. Her employment contract was subsequently terminated on the grounds of negligence, insubordination, misconduct and immorality.

She was accused, among other things, of:

  • having been involved in physical altercations with at least one student;

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