ARTICLE 48 – TERMINATION OF CONTRACTS
A. By the Board
48.01 Subject to Clause 49.01, a contract of employment made between a Board and a teacher may be terminated by a Board:
(a) By giving three (3) months’ notice in writing (one (1) day’s pay for each day notice is not given, not to exceed twenty (20) days per month), if the contract is to be terminated, provided the reason(s) is stated in writing by the Board, and the contract is a continuous contract;
(b) By giving two (2) months’ notice in writing (one (1) day’s pay for each day notice is not given, not to exceed twenty (20) days), provided the reason(s) is stated in writing by the Board, and the contract is a probationary contract. When a board terminates the probationary contract of a teacher, the director shall review and discuss with the teacher the reason(s) 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.
(c) With thirty (30) days’ notice in writing (one (1) day’s pay for each day notice is not given, not to exceed twenty (20) days per month), when it is certified in writing by the Director, or designate, that the teacher is incompetent.
(d) By giving one (1) month’s, notice in writing (one (1) day’s pay for each day notice is not given, not to exceed twenty (20) days per month), when the contract is a term contract for a period of more than twenty-five (25) teaching days.
(e) Without notice when the contract is a term contract for a period of twenty-five (25), or less, teaching days.
(f) Without notice when the certificate of grade or license of the teacher has been suspended or cancelled.
(g) Without notice where there is gross misconduct, insubordination, or neglect of duty on the part of the teacher.
(h) 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.
B. By the Teacher
48.02
(a) 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 by giving notice in writing on or before April 30 if it is to be terminated at the end of the school year.
(b) 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.
(c) 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) month’s notice in writing to the School Board shall be required prior to superannuation during the school year subject to the restriction that the superannuation must occur prior to the Christmas recess.
(d) Notwithstanding Clause 48.02(c), in the event that a teacher makes application for disability pensions, the teacher, upon such application, shall notify the School Board.
48.03
(a) A term contract made between a teacher and a Board may be terminated by giving one (1) month’s notice in writing, provided the contract is for a period of more than twenty-five (25) teaching days.
(b) A term contract made between a teacher and a Board may be terminated without notice when the contract is for a period of twenty-five (25), or less, teaching days.
48.04 Without limitation to the foregoing, a contract may be terminated at any time by the mutual agreement of both parties.
