Dance school justified in firing teacher who advertised his own school

|Canadian Employment Law Today

Gautreau v. Arvelo, 2004 CarswellOnt 5927 (Ont. S.C.J.)

A court has ruled that a dance teacher who advertised his own school to clients of the dance school he worked for was not entitled to notice when he was dismissed. But it stopped short of awarding damages to his former employer.

Diego Arvelo was hired by Joyce Gautreau in August 1998 to teach at the Brockville School of Dance. The employment contract he signed included a provision to not solicit studio clientele “for the duration of the Brockville School of Dance and Gymnastics Inc. existence”. He signed similar contracts through the 2000-2001 academic year but did not sign for 2001-2002.