Teachers — Ontario Employment Law
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About Teachers
Employment law for teachers in Ontario involves a unique intersection of private employment rights, statutory obligations, and highly structured labour relations. The legal avenues available to an educator facing dismissal or workplace disputes depend entirely on an essential distinction: whether the teacher is unionized or non-unionized.
Most teachers in Ontario's public and Catholic school boards are heavily unionized and governed by collective agreements, the Labour Relations Act, the Education Act, and the School Boards Collective Bargaining Act. For these educators, the relationship with their employer is managed almost exclusively through their union. If a board teacher faces discipline, unjust dismissal, or even workplace harassment, the dispute must generally be resolved through union-led grievance arbitration rather than a civil lawsuit. Ontario courts apply the principle of exclusive jurisdiction to these matters. Even if a teacher claims a school board defamed them during a performance review, courts will routinely dismiss the civil suit, requiring the matter to be handled by an arbitrator because the dispute's essential character arose from the employment relationship.
Conversely, teachers working in most private or independent schools are non-unionized. Their employment is governed by individual contracts, common law, and the Employment Standards Act, 2000 (ESA). If a non-unionized private school teacher is fired without cause, they are entitled to notice of termination or termination pay under the ESA. Depending on the size of the school, they may also be owed severance pay, which the ESA mandates for employees with five or more years of service if the employer's payroll is $2.5 million or more. This severance pay calculates to one week per year of service, with partial years prorated by completed months, up to a maximum of 26 weeks. Furthermore, without a valid contract limiting their rights, these educators can pursue common law reasonable notice in civil court.
Regardless of their setting, all licensed educators are also regulated by the Ontario College of Teachers (OCT) under the Teaching Profession Act. Employers have reporting obligations to the OCT when a teacher is dismissed for reasons like professional misconduct. Because an educator's career can be impacted simultaneously by their employer, their union, and their professional regulatory college, the legal landscape is exceptionally specialized. Any teacher dealing with a serious employment dispute or job loss should immediately have a practitioner knowledgeable in Ontario education sector law assess their unique factual background.
Frequently Asked Questions
Can I sue my school board for wrongful dismissal in Ontario?
Generally, no. If you are a unionized teacher at a public or Catholic school board, your employment is governed by a collective agreement. Job disputes, including dismissal, must be fought through the union's grievance and arbitration process, as labour arbitrators have exclusive jurisdiction over these matters.
What severance rights do private school teachers have if they are let go?
Non-unionized private school teachers have the same rights as other provincial employees under the ESA. They are entitled to statutory notice of termination or pay in lieu, and if the school has a high enough payroll and the teacher has five years of service, statutory severance pay. They may also claim common law reasonable notice in civil court, provided their employment contract does not legally limit them to ESA minimums.
If my principal defames me in a performance review, can I take them to civil court?
If you are a unionized teacher, Ontario courts have repeatedly ruled that claims involving defamation arising from workplace performance reviews must go through labour arbitration, not civil courts. The essential character of the dispute is tied to your employment, which falls under your collective agreement.
Will being fired affect my teaching license with the Ontario College of Teachers?
It can. Ontario school boards and private school employers are obligated to report specific types of dismissals, particularly those involving professional misconduct, abuse, or academic fraud, to the Ontario College of Teachers. The OCT then conducts its own independent regulatory review.
How quickly do I need to act if I am unfairly disciplined as a unionized teacher?
You must act very swiftly. Collective agreements typically contain strict, non-negotiable timelines for filing a grievance—sometimes within a matter of days from the incident. You must contact your union representative immediately to ensure your right to grieve is not abandoned.
When should an Ontario teacher bypass their union and hire an independent lawyer?
Unionized teachers generally cannot bypass their union for workplace disputes. However, you should consult an independent lawyer if you are non-unionized, if you believe your union has engaged in arbitrary or discriminatory conduct (breaching their duty of fair representation), or if you are facing separate professional discipline before the Ontario College of Teachers.
Common Scenarios
- A secondary school teacher at a public board is fired after being accused of falsifying student grades. Instead of suing in court, their union files a grievance, and an arbitrator reviews the evidence under the McKinley framework to determine if the misconduct permanently destroyed the employment relationship.
- A private school fails to renew a non-unionized teacher's contract after seven years of employment. The school tries to walk away without paying anything, but the educator successfully pursues common law reasonable notice because their initial employment contract lacked a valid termination clause.
- A unionized teacher unhappy with how a school board investigated a complaint tries to sue the board in civil court for intentional infliction of mental distress. The judge strikes the lawsuit down, ruling that the dispute clearly falls under the collective agreement and belongs exclusively before a labour arbitrator.
What You Should Know
- If you teach at a private school, never sign an employment contract—especially one dictating fixed-term employment or termination provisions—without first having it reviewed, as these clauses severely restrict your common law entitlements.
- Unionized teachers who feel their union is refusing to advance a valid grievance should document all correspondence with union reps, as this evidence is critical if you need to file a Duty of Fair Representation (DFR) complaint with the Ontario Labour Relations Board.
- Always assume your employer might report your dismissal to the Ontario College of Teachers; when negotiating a departure from a non-unionized school, structure settlement agreements carefully to address any required regulatory reporting.
- Because disputes in the public educational sector involve overlapping statutes and aggressive grievance deadlines, consulting a specialized legal advocate early is the best way to determine whether your fight belongs in arbitration or the courts.
Featured Cases
F. v. Peel Educational
2014 ONSC 6506 (CanLII) · 2014-11-12Wrongful Dismissal: Teacher Fired for Academic Fraud
This wrongful dismissal case involved a teacher dismissed for alleged falsification of student marks. The court applied the McKinley framework to determine if the dismissal was justified, finding that the plaintiff had admitted to the misconduct. Consequently, the plaintiff was awarded damages for wrongful dismissal, while claims for intentional infliction of mental distress and personal liability against a corporate director were dismissed.
Elementary Teachers' Federation of Ontario v. Superior-Greenstone District School Board
2009 CanLII 46639 (ON SCDC) · 2009-09-08A judicial review application concerning the termination of employment of teachers by the Superior-Greenstone District School Board, brought by the Elementary Teachers' Federation of Ontario.
W. v. Kingston Christian School Society
2002 CanLII 16129 (ON SC) · 2002-02-08Teacher Employment Contract Dispute with Kingston Christian School Society
A case involving a teacher and a collective agreement with the Kingston Christian School Society, likely concerning employment terms or disputes under the agreement.
S. v. York Region District School Board
2000 CanLII 15416 (ON CA) · 2000-07-25S. v. York Region: Arbitration Jurisdiction Over Defamation
This is an appeal concerning whether a teacher's defamation claim against a school board, arising from performance reviews and termination, must be resolved through arbitration under a collective agreement rather than in court. The Court of Appeal applied the Weber and Bhaduria principles to determine that the essential character of the dispute arises from the employment relationship and is governed by the collective agreement. The court held that labour arbitration has exclusive jurisdiction and that this does not violate Section 96 of the Constitution Act, 1867.
Ontario (Minister of Education) v. Ontario Teachers' Pension Plan Board
1996 CanLII 12480 (ON CTGDDC) · 1996-09-24Pension Plan: Half-Time Leave & Credited Service
This is a judicial review of a decision by the Ontario Teachers' Pension Plan Board regarding the interpretation of the Teachers' Pension Plan. The court addressed whether a half-time leave qualifies as a 'leave of absence' and whether a teacher could purchase credited service for such partial absences under section 94 of the Plan. The Divisional Court applied the standard of correctness and upheld the Pension Board's interpretation.
East Parry Sound Board of Education v. D. (Dist. Ct.)
1990 CanLII 6965 (ON SC) · 1990-01-22Arbitration: Teacher Liability vs Board of Education
This is an arbitration case involving a teacher and the East Parry Sound Board of Education. The dispute centers on issues of liability within the context of labour and employment relations in the education sector.
T. v. F.W.T.A.O. (Ont. C.A.)
1989 CanLII 4213 (ON CA) · 1989-08-16T. v. F.W.T.A.O.: Teachers' Association By-law Validity
This is an appeal to the Court of Appeal for Ontario concerning the validity of By-law I of the Ontario Teachers' Federation, which assigned teachers to branch affiliates based on sex and type of school. The court addressed whether the by-law was validly enacted under the Teaching Profession Act and Corporations Act, and whether the Canadian Charter of Rights and Freedoms applied to the association's actions.
P. v. Ottawa Roman Catholic Separate School Board
1981 CanLII 2989 (ON CA) · 1981-11-03P. v. Ottawa Roman Catholic Separate School Board
This is an appeal from the Court of Appeal for Ontario involving a teacher and the Ottawa Roman Catholic Separate School Board. The case concerns the legal concept of repudiation in the context of the teacher's employment, specifically whether the employer's actions effectively terminated the contract or constituted a breach.
Re Attorney-General of Canada and Branch Affiliate of Base Borden Collegiate Institute et al.
1980 CanLII 1742 (ON SC) · 1980-09-30Constitutional Jurisdiction: DND Teachers Labour Relations
A constitutional reference concerning the labour relations of teachers at DND Dependants' Schools, addressing whether they fall under federal or provincial jurisdiction. The court examined the application of the British North America Act, 1867, and Ontario's School Boards and Teachers Collective Negotiations Act, 1975, to determine if the teachers were federal Crown employees or employees of the school board.
Re M. et al. and Windsor Roman Catholic Separate School Board
1979 CanLII 1717 (ON SC) · 1979-10-23Teachers' Employment Contract Dispute and Board of Reference Jurisdiction
A dispute involving teachers' employment contracts and the jurisdiction of the Board of Reference under the Education Act. The case addresses whether the Board of Reference has the authority to determine its own jurisdiction and whether a course of conduct or statutory provisions can establish an employment contract with the public school board.
C. v. Ottawa Board of Education
1978 CanLII 1292 (ON CA) · 1978-09-18C. v. Ottawa Board of Education: Teacher Sick Leave
An appeal to the Court of Appeal for Ontario concerning a dispute between a teacher and the Ottawa Board of Education regarding sick leave benefits.
L. v. The Board of Education of Toronto
1954 CanLII 116 (ON CA) · 1954-04-21Teacher Employment: Master-Servant Relationship
This is an appeal to the Court of Appeal for Ontario concerning the legal nature of the relationship between a teacher and a Board of Education. The court determined whether this relationship constitutes a master-servant relationship governed by contract and whether the Teachers' Boards of Reference Act alters that contractual status.
P. v. Lion's Head Public School Board
1933 CanLII 99 (ON CA) · 1933-12-01Teacher Contract Formalities: P. v. Lion's Head
This is an appeal to the Court of Appeal for Ontario regarding a dispute between a teacher and a public school board over the validity of an employment contract. The central issue is whether the absence of a formal written contract sealed with the school board's seal, as required by the Public Schools Act, nullifies the teacher's employment status and their claim for salary in lieu of notice.