Private School Teacher Termination Upheld

This past June, the Ontario Court of Appeal (the "Court of Appeal") overturned a wrongful dismissal decision from the Ontario Superior Court of Justice. Remy Fernandes ("Fernandes") had been teaching at Mississauga Private School (the "School") for over ten years when his employment was terminated without notice in April 2009. The School believed that it had just cause to terminate his employment on the grounds that he had recorded inaccurate marks for students and subsequently lied about doing so. In several instances, the assignments had not even been completed by the students. Administrators at the School asked Fernandes to resubmit the grades on two separate occasions. Both times, he resubmitted the same grades and denied that they were inaccurate. It was not until a third meeting with administrators that Fernandes admitted he had falsified the grades. After his termination, Fernandes began to suffer from depression and anxiety. He was diagnosed with