Personal business

Employee’s breach of his duty of fidelity to his employer was just cause for termination
|Canadian Employment Law Today

Gary Rupert had worked for the Greater Victoria School District No. 61 since 1975. He joined initially as a teacher and served as both a teacher and a librarian until 1981. He then worked as an administrator for the school district until 1992 when he was appointed vice-principal at Oak Bay High School in charge of the school district’s International Student Program (ISP). He worked in that position until December 1998 at which time he was dismissed from his employment without notice.

As a result of the dismissal, Mr. Rupert brought an action against the school district seeking damages for wrongful dismissal and breach of his contract of employment.

The ISP program was established in 1992. Over the years, Mr. Rupert recruited foreign students from Asia, South America and Mexico to attend school in the district. As the administrator of the program, Mr. Rupert set up a marketing plan that included communication with contacts in foreign countries. He even traveled to Asia to participate in education fairs set up for the purpose of attracting students to study at schools in Canada.