- Without limiting the generality of the foregoing, a teacher shall lose seniority and the 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/Teacher-General 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, and experience to perform the work in the position offered shall forfeit all right of 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.
- If the Board terminates the contract of a teacher because that teacher is surplus, the Board shall, at the request of the teacher, provide him/her with a letter to this effect.
- If a teacher is recalled as provided in G above, the following shall not be affected:
- Accumulated sick leave gained prior to being laid off;
- Seniority gained prior to being laid off;
But seniority and sick leave shall not accrue for the period of the lay-off.
- Notwithstanding any other provisions in this Article, the foregoing lay-off procedure shall not apply to teachers who are not tenured or to teachers employed on a fixed term contract where during that term the teacher is employed on the express written understanding that such teacher will not, after the completion of such term, be employed by the Division, provided no "tenured" teacher shall be laid off where teachers without "tenure" or on fixed term contracts are employed.
"Tenure" means the status of a teacher, as defined in Sections 92(5) and 92(6) of the Public Schools Act, who is continuously employed by one school board for more than one full school year or who was employed by one other school board in the Province for more than one full school year within three years prior hereto