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Collective Agreement 2002-2005
ARTICLE 18: TERMINATION OF APPOINTMENT
The employment of members may be terminated in one of the following ways:
- By retirement. A member who retires before or after his/her normal
retirement date as provided in the Brandon University Pension Plan, shall give
the Employer six (6) months notice in writing. The notice period may be waived
by mutual agreement of the member and the Employer.
- By resignation. A member
who resigns shall give the Employer six (6) months notice in writing. The notice
period may be waived by mutual agreement of the member and the Employer.
- On
expiration of a Term Appointment.
- On expiration of a Probationary Appointment
following non-granting of tenure according to the provisions of Article 13.
- On expiration of the probationary period of a Continuing Appointment following
recommendation of the Department.
- Following Lay-off in accordance with the
provisions of Article 14. Members who are laid off are eligible for call-back in
accordance with the provisions of that Article.
- Following completion of the
procedures of Article 15.
- After 720 days of sick leave, if the member is not
eligible for benefits under the Long Term Disability Plan.
- By dismissal:
- Members may be dismissed only for just and reasonable cause such as, but
not limited to, gross professional misconduct, persistent neglect of
professional duty or gross incompetence.
- Criticism of the University or a
controversial stand on public issues does not constitute just and reasonable
cause.
- Personality conflict or incompatibility does not constitute just and
reasonable cause.
- When the President feels there may be grounds for
dismissal on the basis of persistent neglect of duties, he/she shall give the
member due warning, pointing out the gravity of the situation and warning of the
possibility of dismissal if the problem is not corrected. Such warning shall be
in writing, shall specify the particulars which could lead to notice of
dismissal, and shall be effective for a fixed and reasonable time period.
- The dismissal notice to the member shall contain a statement of the grounds for
dismissal and shall specify the effective date of dismissal, which shall not be
less than fifteen (15) working days from the date the notice is sent. From the
date the notice is sent, the member may be suspended from all duties with or
without pay.
- If a formal grievance is not presented within the fifteen (15)
working day notice period, the member's employment terminates effective the date
of dismissal. If a dismissal involving suspension from duties without pay
results in a grievance that reaches arbitration, and if the arbitration board
finds that insufficient or no cause for dismissal exists, the board shall award,
at a minimum, all back pay and benefits, with interest.
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