Impact of conduct was main factor, but worker showed immediate remorse
An Ontario arbitrator has ordered the reinstatement of a Toronto District School Board (TDSB) teacher who was discharged after attending school in a Halloween costume that included blackface. The decision, issued by arbitrator Norm Jesin on August 14, 2025, addressed the grievance filed by the Ontario Secondary School Teachers’ Federation (OSSTF) on behalf of the teacher, who was terminated on November 15, 2021.
The worker was a secondary school teacher with the Toronto District School Board (TDSB) since 2002. He immigrated to Canada from Serbia in 1992, where he had worked for the International Red Cross during the Bosnian war and witnessed several atrocities that impacted him significantly. He had no discipline on his employment record.
Before Halloween 2021, the school at which the worker taught circulated an email to staff about the harm resulting from cultural appropriation from certain types of custumes that included sources for further reading. The worker read the email but didn’t look at the attached sources. The TDSB also regularly offered training on cultural appropriation and anti-black racism.
On Oct. 29, the worker went to his school dressed in a Halloween costume that he had quickly assembled that morning with the help of his daughter. His costume included black clothing, black face paint, and a black fabric mask. According to the worker he was trying to dress up as something scary, such as a zombie.
Students shocked by teacher’s blackface
The principal and vice-principal of the school saw the worker, but they didn’t see that his face was painted black under his mask. During his first class, the worker removed the black mask due to discomfort, revealing the black face paint while continuing to wear a blue medical mask due to COVID-19 concerns. Students in the class took photos of him and expressed shock and upset at the worker’s appearance, with one student describing the class as being in disbelief. According to students, the worker responded to questions about his costume with “I don’t know, a zombie.”
Later that morning, during a school event, other teachers saw the worker and didn’t raise any concerns with the worker. However, several students reported the worker’s appearance to the vice-principal, with one student visibly upset and crying. The worker was called to meet with the principal and vice-principal, who then saw his black face paint. They told the worker that students were upset by his appearance in blackface and the worker apologized, saying he didn’t understand the issue – although he was aware of the controversy surrounding then-Prime Minister Justin Trudeau’s past incident of blackface when he was a teacher. They told him to wash his face and return to class.
After the incident, the worker did some of his own research on anti-black racism and blackface and he was horrified about the history and implications of his actions.
The TDSB placed the worker on leave pending investigation, later converting it to a paid suspension. During the investigation, the worker expressed remorse, saying he didn’t know the significance of blackface when he made his costume and he wished that someone had approached him earlier to warn him that he would be seen as “cosplaying a person of colour.” He also said he was trying to educate himself on the subject and he “deeply regretted” his actions.
Worker terminated for racist incident
The TDSB determined that the worker’s conduct was “blameworthy” and that the impact on students and the community was significant, regardless of his intention. It terminated the worker’s employment on Nov. 15, stating that the worker knew or ought to have known his conduct was contrary to TDSB policy and the impact on the school and community was severe, long-lasting, and irreversible. The termination letter referred to one of its policies that defined a racist incident as conduct based on race or race-related grounds and stated that the teacher’s conduct could reasonably be described as racist.
The incident was reported in the media and the TDSB received many calls from parents and community members in disbelief that something like that could happen. There were also organized marches and protests.
The TDSB also reported the matter to the Ontario College of Teachers, which recommended the teacher complete a course on anti-black racism and blackface. The teacher completed the course in June 2023 and his status with the College was restored to good standing as of Oct. 1 that year.
The teachers’ union filed a grievance, acknowledging that the worker’s misconduct deserved discipline but arguing that discharge was excessive. It also pointed out that the teacher didn’t intend to offend and he was immediately remorseful when he understood what he did and the offense it cause. The union suggested that a suspension of no more than 30 days was appropriate.
Worker’s lack of intent, show of remorse mitigating factors
The arbitrator agreed with the TDSB that the worker’s conduct in appearing at school in blackface justified a disciplinary response and could be described as a racist incident under the policy, regardless of the worker’s intent or background. The arbitrator noted that other arbitration decisions supported the view that intent is not relevant to culpability for racist misconduct, but that intent may be considered in determining whether the employment relationship can be rehabilitated.
The arbitrator distinguished the worker’s actions from other case involving more egregious racist conduct and said that the worker’s lack of awareness, immediate remorse, and subsequent efforts at education indicated that it was likely he could be rehabilitated.
The arbitrator determined that a significant penalty was justified given the impact on students and the community, but that discharge wasn’t warranted. The TDSB was ordered to reinstate the worker with no loss of seniority with a suspension on his record lasting from his termination date to Oct. 1, 2023 – the date his status with the College of Teachers was restored – with compensation for nearly two years of lost wages and benefits since that date.
