Common use of Security of Employment Based on Seniority and Qualifications Clause in Contracts

Security of Employment Based on Seniority and Qualifications. a. The Board may reduce the total number of teachers employed by the Board only for educationally viable reasons and/or budgetary constraints or in case of an adult education program as a result of a course cancellation or elimination. Where layoff of teachers is necessary for those reasons, the teachers to be retained on the teaching staff of the Board shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. For the purpose of this article, “termination” (or “layoff”) includes the termination of teachers on continuing contract, termination of a temporary contract teacher prior to the end of the term of the contract, and a decision by the Board, other than for just and reasonable cause, to not offer a further contract to a teacher at the expiry of that teacher’s temporary contract. A decision not to offer a further contract to an adult education teacher at the expiry of a term contract does not constitute a termination (or layoff) for the purposes of this article. c. The Board shall give each teacher it intends to terminate pursuant to this Agreement (as early as possible but no less than) forty-five (45) days’ notice in writing. The 45 days’ notice may be shortened if circumstances necessitate by mutual agreement between the Board and the Association. Such notice is to take effect at the end of a school term, as defined in this Agreement, and to contain the reason for the termination, and a list of the teaching positions, if any, in respect of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant and which the Board reasonably believes will cease to be vacant at a time other than the end of a school term. Within a reasonable period of time after the issuance of layoff notices, appropriate representatives of the Board shall schedule a meeting for affected teachers to review the layoff-recall process. Representatives of the Association shall be provided an opportunity to address affected employees at this meeting. In the case of an adult education teacher, the notice period shall be 30 days and the effective date of the termination shall be at the end of the notice period and not at the end of the school term. d. Nothing in Section C, Article C.2.10.a, shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher.

Security of Employment Based on Seniority and Qualifications. a. The Board may reduce the total number of teachers employed by the Board only for educationally viable reasons and/or budgetary constraints or in case of an adult education program as a result of a course cancellation or elimination. Where layoff of teachers is necessary for those reasons, the teachers to be retained on the teaching staff of the Board shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. For the purpose of this article, “termination” (or “layoff”) includes the termination of teachers on continuing contract, termination of a temporary contract teacher prior to the end of the term of the contract, and a decision by the Board, other than for just and reasonable cause, to not offer a further contract to a teacher at the expiry of that teacher’s temporary contract. A decision not to offer a further contract to an adult education teacher at the expiry of a term contract does not constitute a termination (or layoff) for the purposes of this article. c. The Board shall give each teacher it intends to terminate pursuant to this Agreement (as early as possible but no less than) than forty-five (45) days’ notice days notice) in writing. The 45 days’ , such notice may to be shortened if circumstances necessitate by mutual agreement between the Board and the Association. Such notice is to take effect effective at the end of a school term, as defined in this Agreement, and to contain the reason for the termination, and a list of the teaching positions, if any, in respect of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant and which the Board reasonably believes will cease to be vacant at a time other than the end of a school term. Within a reasonable period of time after the issuance of layoff notices, appropriate representatives of the Board shall schedule a meeting for affected teachers to review the layoff-recall process. Representatives of the Association shall be provided an opportunity to address affected employees at this meeting. In the case of an adult education teacher, the notice period shall be 30 days and the effective date of the termination shall be at the end of the notice period and not at the end of the school term. d. Nothing in Section C, Article C.2.10.a, shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher.