- Definitions:
- Training: instruction received as preparation for the profession of teaching which leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.
- Academic Qualifications: refers to the classification in which the teacher is placed by the Teachers' Certification and Records Branch of the Department of Education and Training.
- Experience: the practical application of the training over a period of time with respect to the particular subject or subjects.
- Ability: refers to a teacher's ability to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience.
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- Seniority for the purposes of this article is defined to mean the length of continuous teaching experience from the date of last hire with the Division on a current Form 2 contract, which shall be calculated from the first day the teacher was to begin actual teaching.
- Where the teachers have the same length of continuous equivalent teaching experience, the order of the seniority list shall be determined on the basis of total length of Form 2 employment with the Division.
- Where teachers have the same seniority as defined in (1) and (2), the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
- Where teachers have the same seniority as defined in (1), (2) and (3), the order of seniority shall be determined on the basis of total recognized teaching experience.
- If the length of teaching experience as defined in (1), (2), (3) and (4) is equal, the teacher to be declared surplus shall be determined by the Board.
- A teacher will retain and accrue seniority if absent from work because of:
- illness or accident up to the maximum days accumulated under the provisions of the collective agreement;
- a leave of absence up to thirty (30) calendar days;
- maternity and/or parental leave under the provisions of the Employment Standards Act;
- a Special Leave of Absence under Article 13 of the collective agreement.
- A teacher shall retain but not accrue seniority if the teacher is:
- on leave of absence in excess of thirty (30) calendar days;
- laid-off for a period of time less than that set out in VII hereof;
- absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the collective agreement;
- absent because the Division has granted more maternity and/or parental leave than required by the Employment Standards Act.
- Without limiting the generality of the foregoing, a teacher shall lose seniority and rights to further consideration for employment for any of the following reasons:
- the teacher resigns;
- the teacher is employed by another school board on a regular basis and on a Form 2 contract;
- the teacher fails to return to work after the termination of any leave granted by the Board;
- the teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off;
- the teacher's contract is terminated for cause.
- any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, experience and ability to perform the work in the position offered shall forfeit all right to seniority and re-employment.
A teacher who has lost seniority as a result of the application of this article shall be notified as soon as possible that his/her teaching contract has been terminated