Where it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, and leaves of absence do not affect the necessary reduction in staff, the Division shall develop a seniority list as hereinafter provided. Such a list shall contain the names of those teachers having the least seniority identified in sufficient numbers to enable the Division to lay off the required number of teachers.
Notwithstanding the foregoing, the Division shall have the right to disregard the length of service of any teacher in the event of a lay-off, if such teacher does not have the necessary training, academic qualifications, experience and the ability for a specific assignment.
The Division shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 1st of each year. Teachers shall have until February 28th to protest, in writing, any alleged omission or incorrect listing to the Division. The seniority list as provided or amended must be certified prior to March 7th by both parties in writing to be correct. Any protest shall be limited to changes that have occurred since the last certified listing.
For the purposes of this article, seniority is defined to mean the length of continuous teaching experience from the date of last hire with the Division on a current individual employment contract, which shall be calculated from the first day the teacher was to begin actual teaching.
Notwithstanding the foregoing, a teacher who has been employed under one or more temporary contract(s) and is subsequently employed under a permanent contract, shall have his/her employment
under both the temporary and permanent contracts deemed as continuous teaching service with the Division, provided that there was not an interruption of more than twenty (20) instructional days between the subsequent contracts.
A teacher will retain and accrue seniority if absent from work because of:
A teacher will retain but not accrue seniority if absent from work because of:
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:
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.
In the event of a lay-off, the Division shall meet with the Executive of the Association to discuss the implications of the lay-off and shall provide the Association with a list of teachers to be laid off.
Notice of lay-off shall be given to the teacher by registered letter no later than the fifteenth (15th) day of May of any school year. The teacher, within twenty (20) teaching days of receiving notice of lay-off, shall indicate in writing, by registered mail, his/her wish to be placed on the re-employment list. Notwithstanding anything else in this article, failure to respond within the time limit specified shall relieve the onus on the Division for that teacher’s placement on the re-employment list and the teacher shall lose seniority.
If, after lay-offs have occurred and for a period of one calendar year after the 30th day of September following the date of lay-off, positions become available, teachers who have been laid off and have given written notice that they wish to be recalled shall be offered positions, providing such teachers have the necessary training, qualifications, ability and experience for the position(s) available. Seniority with the Division will be used to determine the order in which laid off teachers are offered the available positions provided that the said teachers have the necessary training, qualifications and experience.
If a teacher is recalled as provided above, the following will not be affected.
If the Division terminates the contract of a teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide him/her with a letter to this effect.
Notwithstanding any other provision in this article, the foregoing lay-off procedure shall not apply to teachers who have not completed more than (1) full school year of employment under contract with the Division or to teachers employed on fixed term contract (Limited Teacher Contract) where during that term the teacher is employed on the understanding that such teacher will not, after the completion of such term, be employed by the Division;
Teachers under Teacher General contracts with less than one school year of employment shall have their contracts terminated by the Division if the Division finds itself in a lay-off situation.
Teachers under Teacher General contracts with less than one school year of employment shall have their contracts terminated by the Division if the Division finds itself in a lay-off situation.
The Division may, at its discretion, exempt a principal or assistant principal from the provision of this article in the case where the principal or assistant principal would be subject to lay-off in accordance with the provisions of the article.