16.1

Redundancy occurs when a position occupied by a member is declared unnecessary due to long-term changes in academic priorities, student enrolment patterns, or some such similar development.

16.2

The first step in such an occurrence is for the Senate to decide to curtail all or part of an existing academic programme and to so inform the Department affected.

16.3

The Department to be affected shall have the right to appeal to Senate prior to the implementation of any curtailment of a programme. Senate may confirm, reverse, or modify its original curtailment decision.

16.4

Appointments are distinct from positions: if a position has been declared redundant, it does not necessarily follow that the member appointed to that position will be the one affected.

16.5

Members to be affected by redundancy shall be identified by members of the Department which Senate has informed according to Clause 16.2 above. Identification shall be made using just and equitable procedures and shall be based upon the need for the member's professional skills, the criteria for granting tenure, and seniority.

16.6

The Department shall recommend the names of those members to be affected by redundancy to the Dean/Director.

16.7

The Dean/Director shall notify the affected members in writing.

16.8

Members identified by the processes above shall have the right of appeal.

16.9

Notice of intent to appeal must be received by the President within two (2) weeks of the Dean's/Director's notification to the member (Clause 16.7).

16.10

A separate Redundancy Appeal Committee shall be formed for each group of appellants from any single Department in any single declaration of redundancy. The Committee shall consist of five (5) members selected at random from a list of all tenured members. Individuals involved in declaring the redundancy and in identifying the members affected are not eligible to serve on the Appeal Committee. Their names, if drawn, shall be replaced by further random selections. If the Dean/Director and appellants agree to reject a name, it shall be replaced. The Dean/Director and the appellants may each reject three (3) names which shall be replaced. By 30 September of each year, the Secretary of the Board of Governors shall publish a list of members eligible to serve on Redundancy Appeal Committees and shall arrange and supervise the selection of members of the Committees.

16.11

The Committee shall hear the appeal within two (2) weeks of the notice of intent to appeal.

16.12

The appeal shall be in public within the University community unless both the appellant and the Dean/Director agree to its being held - in whole or in part - in camera.

16.13

The Committee shall elect its own Chairperson.

16.14

Both the appellant and the Dean/Director shall be permitted to appear with advisors at any stage in the proceedings and shall have the right to present and question evidence.

16.15

Minutes of the proceedings, including the names of witnesses heard, copies of evidence received, and decisions made, shall be available to members of the Committee and to the appellant and the Dean/Director.

16.16

The report of the Committee shall be sent to the President, with a copy to the appellant, and to the Union.

16.17

The President shall notify the affected member in writing at least twelve (12) months in advance that, unless the member obtains alternate employment under Clause 20 of this Article, his/her appointment shall terminate on August 31 next.

16.18

The President shall strike a Redeployment Committee consisting of two (2) members appointed by the Employer, two (2) members appointed by the Union, and a Chairperson who shall be one of the Senate's representative to the Board of Governors appointed by the Senate, unless those individuals are potentially affected, in which case the appointed members shall name a mutually agreeable Chairperson.

16.19

The Redeployment Committee shall make every effort to identify positions elsewhere in the University which affected members would be qualified to fill. Such efforts shall include consultation with Departments, Selection Committees, and Deans/Directors.

16.20

If the Redeployment Committee designates a vacant position which the affected member is qualified to fill, the Employer agrees to offer the position to the member. Moreover, the Committee may recommend that a position be offered to an affected member if it feels that, after a re-training period of up to twelve (12) months, the member would be qualified for the position. The member's salary would be continued during the training.

16.21

The Redeployment Committee shall meet within one (1) month of the President's notifying the member (Article 16.17) and shall arrive at a decision within two (2) months of its first meeting.

16.22

If an affected member who holds a Probationary, Tenured, or Continuing Appointment is not offered or does not accept redeployment, he/she shall be entitled to a severance allowance of six (6) months salary and an additional three (3) months salary for each year of service to Brandon University beyond the first year to a maximum severance allowance of twelve (12) months salary. Members may choose to receive their severance allowance in a lump sum, or in equal monthly installments, or in a manner mutually acceptable to the member and the Employer.