Common use of DISMISSAL AND DISCIPLINE Clause in Contracts

DISMISSAL AND DISCIPLINE. 1. The Employer shall not dismiss, suspend or discipline a teacher bound by this Agreement except for just and reasonable cause. 2. Differences respecting dismissal, suspension or discipline shall be subject to the grievance procedure. 3. Where a teacher is under investigation by the Employer for "cause", the teacher and the Local shall be notified in writing, at the earliest reasonable time, of that fact, and of the particulars of any allegations unless substantial grounds exist for concluding such notification would prejudice the investigation, and in any case shall be notified at the earliest reasonable time and before any action is taken by the Employer. The teacher shall have a Local Representative at his/her interview in connection with the investigation. 4. Where the Employer considers that just and reasonable cause to suspend or to dismiss a teacher may exist under Section 15 of the School Act, the Employer shall provide the Teacher and the Local with written reasons for the suspension. Immediately, and prior to the consideration of dismissal of the teacher, meet with the Local at which meeting the teacher shall have the right to be present. 5. Where the Employer suspends a teacher pursuant to Section 15(4) of the School Act, the Employer shall, not less than 72 hours before the meeting referred to above, provide the teacher and the Local with written reasons for the suspension. Twenty-four hours prior to the meeting, the teacher and the Local shall be given all documents that will be considered at the meeting. The teacher shall have the right to be accompanied by a representative and/or advocate appointed by the Local. At the meeting, the teacher and the representative/advocate shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of Trustees; c. comment on the allegations, including the submission of a written response; and d. call witnesses, and question any person presenting evidence to the Board. 6. The decision of the Employer shall be communicated in writing to the teacher and Local and shall contain a statement of grounds for the decision. 7. When an Employee is suspended or dismissed by the Employer, the Local will be informed promptly by letter. 8. Provided the conduct of an Employee, subsequent to the decision to discipline, does not give rise to the need for further discipline, the Employer agrees that the statement of the grounds for discipline and related information shall be the material relied upon. 9. Discipline, suspension or dismissal shall not be set aside by an arbitrator on the basis of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice.

Appears in 2 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement

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DISMISSAL AND DISCIPLINE. β€Œ 1. The Employer shall not dismiss, suspend or discipline a teacher bound by this Agreement except for just and reasonable cause. 2. Differences respecting dismissal, suspension or discipline shall be subject to the grievance procedure. 3. Where a teacher is under investigation by the Employer for "cause", the teacher and the Local shall be notified in writing, at the earliest reasonable time, of that fact, and of the particulars of any allegations unless substantial grounds exist for concluding such notification would prejudice the investigation, and in any case shall be notified at the earliest reasonable time and before any action is taken by the Employer. The teacher shall have a Local Representative at his/her interview in connection with the investigation. 4. Where the Employer considers that just and reasonable cause to suspend or to dismiss a teacher may exist under Section 15 of the School Act, the Employer shall provide the Teacher and the Local with written reasons for the suspension. Immediately, and prior to the consideration of dismissal of the teacher, meet with the Local at which meeting the teacher shall have the right to be present. 5. Where the Employer suspends a teacher pursuant to Section 15(4) of the School Act, the Employer shall, not less than 72 hours before the meeting referred to above, provide the teacher and the Local with written reasons for the suspension. Twenty-four hours prior to the meeting, the teacher and the Local shall be given all documents that will be considered at the meeting. The teacher shall have the right to be accompanied by a representative and/or advocate appointed by the Local. At the meeting, the teacher and the representative/advocate shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of TrusteesEducation ; c. comment on the allegations, including the submission of a written response; and d. call witnesses, and question any person presenting evidence to the Board. 6. The decision of the Employer shall be communicated in writing to the teacher and Local and shall contain a statement of grounds for the decision. 7. When an Employee is suspended or dismissed by the Employer, the Local will be informed promptly by letter. 8. Provided the conduct of an Employee, subsequent to the decision to discipline, does not give rise to the need for further discipline, the Employer agrees that the statement of the grounds for discipline and related information shall be the material relied upon. 9. Discipline, suspension or dismissal shall not be set aside by an arbitrator on the basis of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice.

Appears in 1 contract

Samples: Collective Agreement

DISMISSAL AND DISCIPLINE. 1. The Employer shall not dismiss, suspend or discipline a teacher bound by this Agreement except for just and reasonable cause. 2. Differences respecting dismissal, suspension or discipline shall be subject to the grievance procedure. 3. Where a teacher is under investigation by the Employer for "cause", the teacher and the Local shall be notified in writing, at the earliest reasonable time, of that fact, and of the particulars of any allegations unless substantial grounds exist for concluding such notification would prejudice the investigation, and in any case shall be notified at the earliest reasonable time and before any action is taken by the Employer. The teacher shall have a Local Representative at his/her interview in connection with the investigation. 4. Where the Employer considers that just and reasonable cause to suspend or to dismiss a teacher may exist under Section 15 of the School Act, the Employer shall provide the Teacher and the Local with written reasons for the suspension. Immediately, and prior to the consideration of dismissal of the teacher, meet with the Local at which meeting the teacher shall have the right to be present. 5. Where the Employer suspends a teacher pursuant to Section 15(4) of the School Act, the Employer shall, not less than 72 hours before the meeting referred to above, provide the teacher and the Local with written reasons for the suspension. Twenty-four hours prior to the meeting, the teacher and the Local shall be given all documents that will be considered at the meeting. The teacher shall have the right to be accompanied by a representative and/or advocate appointed by the Local. At the meeting, the teacher and the representative/advocate shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of TrusteesEducation ; c. comment on the allegations, including the submission of a written response; and d. call witnesses, and question any person presenting evidence to the Board. 6. The decision of the Employer shall be communicated in writing to the teacher and Local and shall contain a statement of grounds for the decision. 7. When an Employee is suspended or dismissed by the Employer, the Local will be informed promptly by letter. 8. Provided the conduct of an Employee, subsequent to the decision to discipline, does not give rise to the need for further discipline, the Employer agrees that the statement of the grounds for discipline and related information shall be the material relied upon. 9. Discipline, suspension or dismissal shall not be set aside by an arbitrator on the basis of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice.

Appears in 1 contract

Samples: Provincial Collective Agreement

DISMISSAL AND DISCIPLINE. 1. The Employer shall not dismiss, suspend or discipline a teacher bound by this Agreement except for just and reasonable cause. 2. Differences respecting dismissal, suspension or discipline shall be subject to the grievance procedure. 3. Where a teacher is under investigation by the Employer for "cause", the teacher and the Local shall be notified in writing, at the earliest reasonable time, of that fact, and of the particulars of any allegations unless substantial grounds exist for concluding such notification would prejudice the investigation, and in any case shall be notified at the earliest reasonable time and before any action is taken by the Employer. The teacher shall have a Local Representative at his/her their interview in connection with the investigation. 4. Where the Employer considers that just and reasonable cause to suspend or to dismiss a teacher may exist under Section 15 of the School Act, the Employer shall provide the Teacher and the Local with written reasons for the suspension. Immediately, and prior to the consideration of dismissal of the teacher, meet with the Local at which meeting the teacher shall have the right to be present. 5. Where the Employer suspends a teacher pursuant to Section 15(4) of the School Act, the Employer shall, not less than 72 hours before the meeting referred to above, provide the teacher and the Local with written reasons for the suspension. Twenty-four hours prior to the meeting, the teacher and the Local shall be given all documents that will be considered at the meeting. The teacher shall have the right to be accompanied by a representative and/or advocate appointed by the Local. At the meeting, the teacher and the representative/advocate shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of TrusteesEducation ; c. comment on the allegations, including the submission of a written response; and d. call witnesses, and question any person presenting evidence to the Board. 6. The decision of the Employer shall be communicated in writing to the teacher and Local and shall contain a statement of grounds for the decision. 7. When an Employee is suspended or dismissed by the Employer, the Local will be informed promptly by letter. 8. Provided the conduct of an Employee, subsequent to the decision to discipline, does not give rise to the need for further discipline, the Employer agrees that the statement of the grounds for discipline and related information shall be the material relied upon. 9. Discipline, suspension or dismissal shall not be set aside by an arbitrator on the basis of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice.

Appears in 1 contract

Samples: Collective Agreement

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DISMISSAL AND DISCIPLINE. 1. The Employer shall not dismiss, suspend or discipline a teacher bound by this Agreement except for just and reasonable cause. 2. Differences respecting dismissal, suspension or discipline shall be subject to the grievance procedure. 3. Where a teacher is under investigation by the Employer for "cause", the teacher and the Local shall be notified in writing, at the earliest reasonable time, of that fact, and of the particulars of any allegations unless substantial grounds exist for concluding such notification would prejudice the investigation, and in any case shall be notified at the earliest reasonable time and before any action is taken by the Employer. The teacher shall have a Local Representative at his/her their interview in connection with the investigation. 4. Where the Employer considers that just and reasonable cause to suspend or to dismiss a teacher may exist under Section 15 of the School Act, the Employer shall provide the Teacher and the Local with written reasons for the suspension. Immediately, and prior to the consideration of dismissal of the teacher, meet with the Local at which meeting the teacher shall have the right to be present. 5. Where the Employer suspends a teacher pursuant to Section 15(4) of the School Act, the Employer shall, not less than 72 hours before the meeting referred to above, provide the teacher and the Local with written reasons for the suspension. Twenty-four hours prior to the meeting, the teacher and the Local shall be given all documents that will be considered at the meeting. The teacher shall have the right to be accompanied by a representative and/or advocate appointed by the Local. At the meeting, the teacher and the representative/advocate shall have the right to: a. hear all details of the nature of the allegations upon which the contemplated suspension or dismissal is based; b. receive copies of any documents placed before the Board of TrusteesEducation ; c. comment on the allegations, including the submission of a written response; and d. call x. xxxx witnesses, and question any person presenting evidence to the Board. 6. The decision of the Employer shall be communicated in writing to the teacher and Local and shall contain a statement of grounds for the decision. 7. When an Employee is suspended or dismissed by the Employer, the Local will be informed promptly by letter. 8. Provided the conduct of an Employee, subsequent to the decision to discipline, does not give rise to the need for further discipline, the Employer agrees that the statement of the grounds for discipline and related information shall be the material relied upon. 9. Discipline, suspension or dismissal shall not be set aside by an arbitrator on the basis of a defect in form, a technical irregularity or an error of procedure that does not result in a denial of natural justice.

Appears in 1 contract

Samples: Collective Agreement

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