PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE Sample Clauses
This clause outlines the specific steps an employer must follow when considering dismissing an employee due to inadequate job performance. Typically, it requires the employer to document performance issues, provide the employee with feedback and opportunities to improve, and conduct formal reviews before any termination decision is made. By establishing a clear process, the clause ensures fairness and transparency, reducing the risk of wrongful dismissal claims and helping both parties understand their rights and obligations.
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board may dismiss any teacher bound by this Agreement for just and reasonable cause.
2. The Board may dismiss a teacher where the Board has received three reports in accordance with Article E.22 (Evaluation) of this agreement indicating that the performance of the teacher is less than satisfactory.
3. The reports referred to in Article C.23.2 shall be prepared in accordance with the process established in Article E.22 (Evaluation) of this Agreement, and in accordance with the following conditions:
a. the reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months excluding time off for illness, leave or retraining;
b. at least one (1) of the reports shall be written by a Superintendent, an Assistant Superintendent, or Director of Instruction.
4. Where the Board intends to dismiss a teacher on grounds of less than satisfactory teaching performance it shall notify the teacher and the President of the CTA of such intention and provide an opportunity for the teacher and their representative to meet with the Superintendent and the Board at least seven (7) days before formal notice of dismissal.
5. When the Board decides to dismiss a teacher it shall issue notice of dismissal to the teacher and the CTA at least thirty (30) days prior to the dismissal date setting out the grounds for such action.
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a continuing teacher on the basis of less than satisfactory performance of duties except where the Board has received three (3) consecutive reports indicating that performance is less than satisfactory pursuant to Article E.32 (Evaluation Process).
2. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months. Such period not to include the time during which the teacher is participating in a Plan of Assistance. This Plan may include a mutually-agreed upon transfer of a leave of absence for professional development, pursuant to Article E.32 (Evaluation Process).
3. Two (2) reports shall be written by the Principal of the school to which the teacher is assigned. A third report shall be written independently by a Superintendent, an Assistant Superintendent, a Director or District Principal. The results of all reports shall be based solely on the evaluator's own observations.
4. Where the Board intends to dismiss a teacher on grounds of less than satisfactory performance of teaching duties, it shall, no later than two (2) calendar months prior to the end of the school term, notify the teacher and the President of the Union of such intention and provide an opportunity for the teacher and representative of the Union to meet with the Superintendent and the Board within fourteen (14) days of such notice.
5. Where, subsequent to such meeting, the Board decides to dismiss a teacher pursuant to this Article, it shall issue notice of dismissal at least one (1) month prior to the end of a school term, to be effective at the end of that school term, setting out the grounds for such action.
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE a. The Board shall not dismiss a teacher on the basis of less than satisfactory performance except where the Board has received three (3) reports pursuant to Article C.22 (TEACHER PERFORMANCE APPRAISALS) of this Agreement indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
b. The reports referred to in Article C.24.2.a shall be prepared in accordance with Regulations 5 and 6 and Section 20 of the School Act and the process established in Article C.22 (TEACHER PERFORMANCE APPRAISALS), and in accordance with the following conditions:
i. the reports shall have been issued in a period of not less than twelve
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher on the basis of less than satisfactory performance of teaching duties except where the Board has received three (3) consecutive reports pursuant to Section E, Article E.28 indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports referred to in Section C, Article C.23. shall be prepared in accordance with the process established in Section E, Article E.28 and in accordance with the following conditions:
a. The reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months, such period not to include the time during which the teacher is participating in an agreed-upon plan of assistance pursuant to Section E, Article E.28;
b. two reports shall be: one, a report of a Superintendent or a Deputy or an Assistant Superintendent of Schools, and two, a report of an Administrative Officer of a school to which the teacher is assigned;
c. The other report shall be written by:
i. A Superintendent or a Deputy or an Assistant Superintendent of Schools, or ii. A Director of Instruction, or
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher pursuant to this Article except where the Board has received three (3) reports indicating that the work of the teacher and the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports shall be prepared in accordance with the process established in Section
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Employer shall not dismiss a teacher pursuant to this Article except where the Employer has received three reports indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports shall be prepared in accordance with the process established in Article E.23 (Evaluation) of this Agreement, and in accordance with the following conditions:
a. the reports shall have been issued in a period of not less than twelve (12) months and not more than twenty-four (24) months, exclusive of any period of leave;
b. at least one of the reports shall be a report of the Superintendent of Schools or the Assistant Superintendent of Schools;
c. at least one of the reports shall be a report of the Principal of the school to which the teacher is assigned;
d. the reports shall be written independently of each other.
3. Within one (1) month of a teacher receiving a first or second less than satisfactory report, the teacher may:
a. request and may be granted, a transfer to a position which the teacher feels will provide an optimum opportunity to show improvement, and such request shall not be unreasonably denied, or,
b. request and shall be granted a leave of absence without pay on one occasion for up to one year for the purpose of taking a program of professional or academic instruction, in which case subsequent evaluation shall be undertaken not less than three (3) months after the teacher has returned to teaching duties. The period of leave and the three (3) months after the teacher has returned shall not count for purposes of Article C.
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher on the basis of less than satisfactory performance of teaching duties except where the Board has received at least three (3) consecutive reports pursuant to Article E.26 (Evaluation of Teaching) indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports referred to in Article C.22.1 shall be prepared pursuant to Article E.26 (Evaluation of Teaching) and in accordance with the following conditions:
a. the reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months, exclusive of absence on sick leave or other leaves of absence;
b. at least one (1) of the reports shall be a report of a Superintendent of Schools, or an Assistant Superintendent of Schools;
c. the other two (2) reports shall include only reports of:
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher on the basis of less than satisfactory performance of teaching duties except where the Board has received three (3) consecutive reports pursuant to Section E, Article E.28 indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports referred to in Section C, Article C.23.1. shall be prepared in accordance with the process established in Section E, Article E.28 and in accordance with the following conditions:
a. The reports shall have been issued in a period of not less than twelve (12) or more than twenty- four (24) months, such period not to include the time during which the teacher is participating in an agreed-upon plan of assistance pursuant to Section E, Article E.28;
b. two reports shall be: one, a report of a Superintendent or a Deputy or an Assistant Superintendent of Schools, and two, a report of an Administrative Officer of a school to which the teacher is assigned;
c. The other report shall be written by:
i. A Superintendent or a Deputy or an Assistant Superintendent of Schools, or
ii. A Director of Instruction, or
iii. An Administrative Officer of a school to which the teacher is assigned, or
iv. A District Principal responsible for the subject area to which the teacher is assigned.
d. The reports shall be written independently of each other, shall be based on the evaluator’s own observations, and the report writers shall not collaborate with regard to the results.
3. In the event that a teacher receives a less than satisfactory report, the teacher may:
a. Request a transfer and the Board shall make reasonable efforts to arrange the transfer; or
b. Request and be granted leave of absence without pay of up to one (1) year for the purpose of taking a program of professional or academic instruction, in which a case subsequent evaluation shall be undertaken not less than three (3) months nor more than six (6) months after the teacher has returned to teaching duties. The period of leave shall not count for purposes of Section C, Article C.23.2.a.
c. Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall, no later than two (2) calendar months prior to the end of a school term, notify the teacher and the President of the Association of such intention and provide an opportunity for the teacher and, if desired, his/her representative to meet with the Superintendent or designate and the Board within...
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. 1. The Board shall not dismiss a teacher on the basis of less than satisfactory performance of teaching duties except where the Board has received at least three (3) consecutive reports pursuant to Article E.26 (Evaluation of Teaching) indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
2. The reports referred to in Article C.23.1 shall be prepared pursuant to Article E.26 (Evaluation of Teaching) and in accordance with the following conditions:
a. the reports shall have been issued in a period of not less than twelve (12) or more than twenty-four (24) months, exclusive of absence on sick leave or other leaves of absence;
b. at least one (1) of the reports shall be a report of a Superintendent of Schools, or an Assistant Superintendent of Schools;
c. the other two (2) reports shall include only reports of:
i. a Superintendent of Schools, an Assistant Superintendent of Schools, or a District Administrative Officer;
ii. an Administrative Officer of a school to which the teacher is assigned;
d. the reports shall be written by three (3) different evaluators and the report writers shall not collaborate with regard to the results;
e. If, prior to commencement of observations in accordance with this Article, the teacher believes that there exists an apprehension of bias on the part of the evaluator, the teacher may request a meeting with the Superintendent of Schools and a representative of the Union to discuss the teacher's concerns. After considering the representations of the teacher and the teacher's representative (if applicable), the Superintendent may determine to appoint another evaluator to perform the evaluation. If this meeting does not resolve the matter, the teacher may choose to note their concerns with any report.
3. Where the Board intends to dismiss a teacher on grounds of less than satisfactory performance of teaching duties, it shall, no later than two (2) calendar months prior to the end of a school term, notify the teacher and the President of the Union of such intention and provide an opportunity for the teacher and representative of the Union to meet with the Superintendent and the Board within fourteen (14) days of such notice.
4. Where, subsequent to such meeting, the Board decides to dismiss a teacher for unsatisfactory performance, it shall issue notice of dismissal at least forty-five (45) days prior to the dismissal date, setting out the grounds for such action.
5. Where the Board t...
PROCEDURES WHERE DISMISSAL BASED ON PERFORMANCE. C.13.1 The Board shall not dismiss a teacher except where the Board has received three reports pursuant to Article E.19 (Evaluation of Teaching) of this agreement indicating that the learning situation in the class or classes of the teacher is less than satisfactory.
C.13.2 The reports referred to in Article C.13.1 shall be prepared in accordance with the process established in Article E.19 (Evaluation of Teaching) of this Agreement, and in accordance with the following conditions:
a. the reports shall have been issued in a period of not less than 12 or more than 24 months;
b. at least one of the reports shall be a report of a district superintendent, a superintendent or an assistant superintendent;
c. one of the other two reports shall be written by the principal of a school to which the teacher is assigned;
d. the report writers shall not collaborate in writing any report.
C.13.3 Where the Board intends to dismiss a teacher on grounds of a less than satisfactory teaching situation, it shall notify the teacher and the President of the Union of such intention and provide an opportunity for the teacher and her/his representative to meet with the superintendent and the Board within 14 days of such notice.
C.13.4 Where, subsequent to such meeting, the Board decides to dismiss a teacher, it shall issue notice of dismissal at least one month prior to the termination date.
C.13.5 Any grievance arising out of the foregoing provisions may be submitted to a three member arbitration panel by mutual agreement.