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By Simon Heath, BA, MIR, LLB, Heath Law | 3 Minutes Read September 15, 2016

Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

notice periodA 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Payroll / damages for wrongful dismissal, dismissed with cause, employee misconduct and rise to a breakdown in the employment relationship, employment law, Fernandes v. Peel Educational & Tutorial Services Limited, just cause, just cause dismissal, loss of insurance benefits, misapplication of law of just cause dismissal, reverse Trial Judge decision, termination for cause, wrongful dismissal case

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