Teacher dismissed for submitting incorrect marks
It can be very difficult for employers to justify a termination for cause, especially when the courts apply a contextual approach which often results in a finding that a lesser response short of termination is appropriate in the circumstances. However, as demonstrated in the Ontario Court of Appeal’s decision in Fernandes v. Peel Educational & Tutorial Services Ltd., despite there not being a history of misconduct, the seriousness of an employee’s actions can justify a termination for cause.
