ARTICLE 12: TERMINATION OF CONTRACTS
12.01 By the School Board
A contract of employment including a term contract made between a School Board and a teacher may only be terminated:
- by giving three (3) months’ notice in writing by the School Board (or pay in lieu of notice) if the contract is to be terminated during the school year and two (2) months’ notice in writing (or pay in lieu of notice), if it is to be terminated at the end of the school year, provided an adequate reason for termination is stated by the School Board in writing and the contract is a continuous one;
- by giving two (2) months’ notice in writing by the School Board (or pay in lieu of notice) if the contract is a probationary one. The reason for the termination shall be stated in writing by the Board. When a School Board terminates the contract of a teacher who is on a probationary contract, the Assistant Director of Education for Human Resources, or the Directeur général with respect to the Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador, shall review and discuss with the teacher the reason for the termination of the contract. The termination of a probationary contract for reasons of incompetency or unsuitability will not be subject to the grievance procedure. However, a probationary teacher shall have the right to grieve as to whether or not the applicable notice (or pay in lieu of notice) was given;
- with thirty (30) calendar days’ notice in writing by the School Board (or pay in lieu of notice) when the teacher is incompetent;
- without notice, by the School Board, when the certificates of grade or licence of the teacher has been suspended, cancelled, or is no longer recognized under the regulations;
- without notice, by the School Board, where there is gross misconduct, insubordination or neglect of duty on the part of the teacher, or any similar just cause;
- without notice, by the School Board, when the teacher fails to make a reasonable attempt to obtain a medical examination in accordance with the provisions of paragraphs (f) and (g) of Section 76 of the Schools Act, 1997.
12.02 By a Teacher
- A continuous contract of employment made between a teacher and a School Board may be terminated by the teacher by giving three (3) months’ notice in writing to the School Board if the contract is to be terminated during the school year and two (2) months’ notice in writing if it is to be terminated at the end of the school year.
- A probationary contract of employment made between a teacher and a School Board may be terminated by the teacher by giving two (2) months’ notice in writing to the School Board.
- A teacher shall give three (3) months’ notice in writing to the School Board prior to superannuation at the end of the school year. Only one (1) months’ notice in writing to the School Board shall be required prior to superannuation during the school year subject to the restriction that such superannuation must occur prior to the Christmas recess.
- Notwithstanding Clause 12.02(b), in the event that a teacher makes application for disability pension, the teacher, upon such application, shall notify the School Board.
12.03 Notwithstanding Clauses 12.01 and 12.02, the parties to this Agreement recognize that any contract may be terminated at any time by mutual agreement of the teacher and the School Board.
