Common use of Unsatisfactory Service Clause in Contracts

Unsatisfactory Service. ‌ 15.1 Without prejudice to the Employer’s right to discipline or discharge an Employee for just cause, a “Procedure” as hereinafter described is hereby established to ensure effective, quality teaching in the School, and is designed to address instances of unsatisfactory teaching performance or other unsatisfactory service of a non- probationary employee. The Procedure will usually result in remediation to a satisfactory level of teaching performance or other service. However, it may, in some cases, lead to removal from regular duties, demotion, reduction of remuneration or termination of employment for reasons of unsatisfactory job performance or service. 15.2 As soon as reasonably practicable after the Employer becomes aware of concerns regarding a non-probationary employee’s performance or regarding other unsatisfactory service, the Employer should discuss the concerns with the employee. The Employer should summarize this discussion in writing to the employee. If the Employer determines that the employee’s performance is to be assessed, the Employer will arrange to observe the employee’s performance. Following this observation, the Employer will write the employee, clearly outlining either (I) any concerns, indicating the nature of the improvement expected, offering appropriate resources for assistance, and stating a timeline for improvement or (ii) that any concerns regarding the Employee were groundless or have been satisfactorily resolved, in which event the Procedure will be terminated. If, at the end of the time provided, the expected improvement has occurred, the Employer will write the employee accordingly. If, at the end of the time provided, the expected improvement has not occurred, the Employer shall initiate the second phase of the Procedure. The foregoing will constitute the first phase of the Procedure. 15.3 The second phase of the Procedure shall be as follows: a) The Employer provides to the employee, for signature acknowledging receipt, a letter which: − outlines concerns − states that the Procedure is hereby initiated − encloses a copy of the Procedure − confirms that the employee has the right to consult with the Alliance at any point in the Procedure − and sends a copy of this letter to the employee’s personnel file and to any arbitrators (as established pursuant to Article 15.5); b) The Employer observes the employee in the performance of regular duties, making note of specific concerns. The Employer will give the employee reasonable prior notice that such observation(s) will occur. Although this notice will normally indicate the specific date(s) and time(s), unusual circumstances relating to the particular employee’s circumstances may require that the notice indicates a more general timeframe, for example, over the next few days; c) The Employer discusses the results of this observation with the employee and summarizes this discussion in a written, signed report (a copy of which shall be placed in the employee’s personnel file) to the employee which: − confirms specific concerns identified through observation − indicates the nature of improvement expected − offers appropriate resources for assistance − states a timeline for improvement, after which a second evaluation will occur − clearly indicates that, at this time, the employee’s performance is unsatisfactory and that performance must improve. d) The employee is given an opportunity to read the report and provide written comment; e) The employee signs the report signifying the employee has read the report, and returns it to the Employer; f) The Employer retains one copy of the signed report, provides one copy to the employee, and sends one copy each to the personnel file and to any arbitrators. 15.4 The third phase of the Procedure, if necessary, shall be as follows: a) The arbitrators meet with the employee, along with the Employer, review the process to date and identify those areas which will be of particular focus in this evaluation; b) The arbitrators observe the employee, noting any area which remains unsatisfactory. As with the Employer, the arbitrators will give reasonable prior notice of such observation; c) The arbitrators discuss the results of this observation with the employee; d) The arbitrators consider all information relevant to the process to date, including the most recent discussion with the employee and decide whether: − the employee’s performance has improved to the point of being satisfactory, or − the employee’s performance remains unsatisfactory. 15.5 If the arbitrators decide that the employee’s performance is satisfactory, the arbitrators will so confirm in writing to the employee, indicating that the Procedure is discontinued without prejudice to the Procedure being again commenced in relation to such employee in the future if circumstances so warrant at that time. If the arbitrators decide that the employee’s performance remains unsatisfactory, the arbitrators will prepare a report to the School recommending appropriate action. The arbitrators will advise the employee in writing of the intended action not later than 2 weeks after the observation. Such recommended appropriate action may include removal from regular duties, demotion, reduction of remuneration or termination of employment. A copy of such report shall be sent to the employee’s personnel file and to the Alliance. The Employer shall be entitled to implement such recommended appropriate action in its sole discretion. 15.6 For purposes of this Article 15, the arbitrator shall be two or more of the School principals or vice-principals selected by the Alliance. 15.7 Nothing in this Article 15 shall preclude an employee from exercising the grievance procedure set forth in Article 7 where such employee is entitled to do so. ARTICLE 16‌

Unsatisfactory Service. ‌ 15.1 Without prejudice to the Employer’s right to discipline or discharge an Employee for just cause, a “Procedure” as hereinafter described is hereby established to ensure effective, quality teaching in the School, and is designed to address instances of unsatisfactory teaching performance or other unsatisfactory service service. of a non- probationary employee. The Procedure will usually result in remediation to a satisfactory level of teaching performance or other service. However, it may, in some cases, lead to removal from regular duties, demotion, reduction of remuneration or termination of employment for reasons of unsatisfactory job unsatisfactoryjob performance or service. 15.2 . As soon as reasonably practicable after the Employer becomes aware of concerns regarding a non-probationary employee’s performance or regarding other unsatisfactory service, the Employer should discuss the concerns with the employee. The Employer should summarize this discussion in writing to the employee. If the Employer determines that the employee’s performance is to be assessed, the Employer will arrange to observe the employee’s performance. Following this observation, the Employer will write the employee, clearly outlining either (I) any concerns, indicating the indicatingthe nature of the improvement expected, offering appropriate resources for assistance, and stating a timeline for improvement or (ii) that any concerns regarding the Employee were groundless or have been satisfactorily resolved, in which event the Procedure will be terminated. If, at the end of the time provided, the expected improvement has occurred, the Employer will write the employee accordingly. If, at the end of the time provided, the expected improvement has not occurred, the Employer shall initiate the second phase of the Procedure. The foregoing will constitute the first phase of the Procedure. 15.3 The . second phase of the Procedure shall be as follows: a) : The Employer provides to the employee, for signature acknowledging receipt, a letter which: − outlines concerns − states that the Procedure is hereby initiated − encloses a copy of the Procedure − confirms that the employee has the right to consult with the Alliance at any point in the Procedure − and sends a copy of this letter to the employee’s personnel file and to any arbitrators (as established pursuant establishedpursuant to Article 15.5); b) ; The Employer -Employer observes the employee in the performance of regular duties, making note of specific concerns. The Employer will give the employee reasonable prior notice that such observation(s) will occur. Although this notice will normally indicate the specific date(s) and time(s), unusual circumstances relating to the particular employee’s circumstances may require that the notice indicates a more general timeframe, for example, over the next few days; c) ; The Employer discusses the results of this observation with the employee and summarizes this discussion in a written, signed report (a copy of which shall be placed in the employee’s personnel file) to the employee which: − confirms specific concerns identified through observation − indicates the nature of improvement expected − offers appropriate resources for assistance − states a timeline for improvement, after which a second evaluation will occur − clearly indicates that, at this time, the employee’s performance is unsatisfactory and that performance must improve. d) . The employee is given an opportunity to read the report and provide written comment; e) ; The employee signs the report signifying the employee has read the report, and returns it to the Employer; f) ; The Employer retains one copy of the signed report, provides one copy to the employee, and sends one copy each to the personnel file and to any arbitrators. 15.4 The third . phase of the Procedure, if necessary, shall be as follows: a) : The arbitrators meet with the employee, along with the Employer, review the process to date and identify those areas which will be of particular focus in this evaluation; b) ; The arbitrators observe the employee, noting any area which remains unsatisfactory. As with the Employer, the arbitrators will give reasonable prior notice of such observation; c) ; The arbitrators discuss the results of this observation with observationwith the employee; d) ; The arbitrators consider all information relevant to the process to date, including the most recent discussion with the employee and decide whether: − the employee’s performance has improved to the point of being satisfactory, or − the employee’s performance remains unsatisfactory. 15.5 If the arbitrators decide that the employee’s performance is satisfactory, the arbitrators will so confirm in writing to the employee, indicating that the Procedure is discontinued without prejudice to the Procedure being again commenced in relation to such employee in the future if circumstances so warrant at that time. If the arbitrators decide that the employee’s performance remains unsatisfactory, the arbitrators will prepare a report to the School recommending appropriate action. The arbitrators will advise the employee in writing of the intended action not later than 2 weeks after the observation. Such recommended appropriate action may include removal from regular duties, demotion, reduction of remuneration or termination of employment. A copy of such report shall be sent to the employee’s personnel file and to the Alliance. The Employer shall be entitled to implement such recommended appropriate action appropriateaction in its sole discretion. 15.6 . For purposes of this Article 15, the arbitrator shall be two or more of the School principals or vice-principals selected by the Alliance. 15.7 . Nothing in this Article 15 shall preclude an employee from exercising the grievance procedure set forth in Article 7 where such employee is entitled to do so. ARTICLE 16‌.

Unsatisfactory Service. ‌ 15.1 15.01 Without prejudice to the Employer’s right to discipline or discharge an Employee for just cause, a “Procedure” as hereinafter described is hereby established to ensure effective, quality teaching in the School, and is designed to address instances of unsatisfactory teaching performance or other unsatisfactory service of a non- non-probationary employee. The Procedure will usually result in remediation to a satisfactory level of teaching performance or other service. However, it may, in some cases, lead to removal from regular duties, demotion, reduction of remuneration or termination of employment for reasons of unsatisfactory job performance or service. 15.2 15.02 As soon as reasonably practicable after the Employer becomes aware of concerns regarding a non-probationary employee’s performance or regarding other unsatisfactory service, the Employer should discuss the concerns with the employee. The Employer should summarize this discussion in writing to the employee. If the Employer determines that the employee’s performance is to be assessed, the Employer will arrange to observe the employee’s performance. Following this observation, the Employer will write the employee, clearly outlining either (I) any concerns, indicating the nature of the improvement expected, offering appropriate resources for assistance, and stating a timeline for improvement or (ii) that any concerns regarding the Employee were groundless or have been satisfactorily resolved, in which event the Procedure will be terminated. If, at the end of the time provided, the expected improvement has occurred, the Employer will write the employee accordingly. If, at the end of the time provided, the expected improvement has not occurred, the Employer shall initiate the second phase of the Procedure. The foregoing will constitute the first phase of the Procedure. 15.3 15.03 The second phase of the Procedure shall be as follows: a) The Employer provides to the employee, for signature acknowledging receipt, a letter which: − ▪ outlines concerns − ▪ states that the Procedure is hereby initiated − ▪ encloses a copy of the Procedure − ▪ confirms that the employee has the right to consult with the Alliance at any point in the Procedure − and sends a copy of this letter to the employee’s personnel file and to any arbitrators (as established pursuant to Article 15.515.05); b) The Employer observes the employee in the performance of regular duties, making note of specific concerns. The Employer will give the employee reasonable prior notice that such observation(s) will occur. Although this notice will normally indicate the specific date(s) and time(s), unusual circumstances relating to the particular employee’s circumstances may require that the notice indicates a more general timeframe, for example, over the next few days; c) The Employer discusses the results of this observation with the employee and summarizes this discussion in a written, signed report (a copy of which shall be placed in the employee’s personnel file) to the employee which: − - confirms specific concerns identified through observation − - indicates the nature of improvement expected − - offers appropriate resources for assistance − - states a timeline for improvement, after which a second evaluation will occur − - clearly indicates that, at this time, the employee’s performance is unsatisfactory and that performance must improve. d) The employee is given an opportunity to read the report and provide written comment; e) The employee signs the report signifying the employee has read the report, and returns it to the Employer; f) The Employer retains one copy of the signed report, provides one copy to the employee, and sends one copy each to the personnel file and to any arbitrators. 15.4 15.04 The third phase of the Procedure, if necessary, shall be as follows: a) The arbitrators meet with the employee, along with the Employer, review the process to date and identify those areas which will be of particular focus in this evaluation; b) The arbitrators observe the employee, noting any area which remains unsatisfactory. As with the Employer, the arbitrators will give reasonable prior notice of such observation; c) The arbitrators discuss the results of this observation with the employee; d) The arbitrators consider all information relevant to the process to date, including the most recent discussion with the employee and decide whether: − : i) the employee’s performance has improved to the point of being satisfactory, or − ii) the employee’s performance remains unsatisfactory. 15.5 15.05 If the arbitrators decide that the employee’s performance is satisfactory, the arbitrators will so confirm in writing to the employee, indicating that the Procedure is discontinued without prejudice to the Procedure being again commenced in relation to such employee in the future if circumstances so warrant at that time. If the arbitrators decide that the employee’s performance remains unsatisfactory, the arbitrators will prepare a report to the School recommending appropriate action. The arbitrators will advise the employee in writing of the intended action not later than 2 weeks after the observation. Such recommended appropriate action may include removal from regular duties, demotion, reduction of remuneration or termination of employment. A copy of such report shall be sent to the employee’s personnel file and to the Alliance. The Employer shall be entitled to implement such recommended appropriate action in its sole discretion. 15.6 15.06 For purposes of this Article 15, the arbitrator shall be two or more of the School principals or vice-principals selected by the Alliance. 15.7 15.07 Nothing in this Article 15 shall preclude an employee from exercising the grievance procedure set forth in Article 7 where such employee is entitled to do so. ARTICLE 16‌.

Unsatisfactory Service. ‌ 15.1 Without prejudice to the Employer’s right to discipline or discharge an Employee for just cause, a “Procedure” as hereinafter described is hereby established to ensure effective, quality teaching in the School, and is designed to address instances of unsatisfactory teaching performance or other unsatisfactory service of a non- non-probationary employee. Collective Agreement between and September to August The Procedure will usually result in remediation to a satisfactory level of teaching performance or other service. However, it may, in some cases, lead to removal from regular duties, demotion, reduction of remuneration or termination of employment for reasons of unsatisfactory job performance or service. 15.2 . As soon as reasonably practicable after the Employer becomes aware of concerns regarding a non-probationary employee’s performance or regarding other unsatisfactory service, the Employer should discuss the concerns with the employee. The Employer should summarize this discussion in writing to the employee. If the Employer determines that the employee’s performance is to be assessed, the Employer will arrange to observe the employee’s performance. Following this observation, the Employer will write the employee, clearly outlining either (I) any concerns, indicating the nature of the improvement expected, offering appropriate resources for assistance, and stating a timeline for improvement or (ii) that any concerns regarding the Employee were groundless or have been satisfactorily resolved, in which event the Procedure will be terminated. If, at the end of the time provided, the expected improvement has occurred, the Employer will write the employee accordingly. If, at the end of the time provided, the expected improvement has not occurred, the Employer shall initiate the second phase of the Procedure. The foregoing will constitute the first phase of the Procedure. 15.3 . The second phase of the Procedure shall be as follows: a) The Employer provides to the employee, for signature acknowledging receipt, a letter which: − outlines concerns − states that the Procedure is hereby initiated − encloses a copy of the Procedure − confirms that the employee has the right to consult with the Alliance at any point in the Procedure − and sends a copy of this letter to the employee’s personnel file and to any arbitrators (as established pursuant to Article 15.5); b) The Employer observes the employee in the performance of regular duties, making note of specific concerns. The Employer will give the employee reasonable prior notice that such observation(s) will occur. Although this notice will normally indicate the specific date(s) and time(s), unusual circumstances relating to the particular employee’s circumstances may require that the notice indicates a more general timeframe, for example, over the next few days; c) The Employer discusses the results of this observation with the employee and summarizes this discussion in a written, signed report (a copy of which shall be placed in the employee’s personnel file) to the employee which: − confirms specific concerns identified through observation − indicates the nature of improvement expected − offers appropriate resources for assistance − states a timeline for improvement, after which a second evaluation will occur − clearly indicates that, at this time, the employee’s performance is unsatisfactory and that performance must improve. d) The employee is given an opportunity to read the report and provide written comment; e) The employee signs the report signifying the employee has read the report, and returns it to the Employer; f) The Employer retains one copy of the signed report, provides one copy to the employee, and sends one copy each to the personnel file and to any arbitrators. 15.4 The third phase of the Procedure, if necessary, shall be as follows: a) The arbitrators meet with the employee, along with the Employer, review the process to date and identify those areas which will be of particular focus in this evaluation; b) The arbitrators observe the employee, noting any area which remains unsatisfactory. As with the Employer, the arbitrators will give reasonable prior notice of such observation; c) The arbitrators discuss the results of this observation with the employee; d) The arbitrators consider all information relevant to the process to date, including the most recent discussion with the employee and decide whether: − the employee’s performance has improved to the point of being satisfactory, or − the employee’s performance remains unsatisfactory. 15.5 If the arbitrators decide that the employee’s performance is satisfactory, the arbitrators will so confirm in writing to the employee, indicating that the Procedure is discontinued without prejudice to the Procedure being again commenced in relation to such employee in the future if circumstances so warrant at that time. If the arbitrators decide that the employee’s performance remains unsatisfactory, the arbitrators will prepare a report to the School recommending appropriate action. The arbitrators will advise the employee in writing of the intended action not later than 2 weeks after the observation. Such recommended appropriate action may include removal from regular duties, demotion, reduction of remuneration or termination of employment. A copy of such report shall be sent to the employee’s personnel file and to the Alliance. The Employer shall be entitled to implement such recommended appropriate action in its sole discretion. 15.6 For purposes of this Article 15, the arbitrator shall be two or more of the School principals or vice-principals selected by the Alliance. 15.7 Nothing in this Article 15 shall preclude an employee from exercising the grievance procedure set forth in Article 7 where such employee is entitled to do so. ARTICLE 16‌