Canadian Association of University Teachers

 

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Model Clause on Security of Employment

No academic staff member shall be terminated or dismissed except in accordance with one of the following:1

(a) retirement (with specific reference to the appropriate document(s) governing retirement);

(b) voluntary resignation (the clause could specify a notice period together with a provision for mutual waiver);

(c) expiration of a term appointment in accordance with the provisions of Article [on term appointments];

(d) expiration of a tenure-stream appointment following denial of tenure in accordance with the provisions of Article [on granting of tenure];

(e) upon lay-off in accordance with the provisions of Article [on financial exigency], provided that academic staff members who are laid-off because of a financial exigency may be entitled to recall in accordance with that article;2 or

(f) dismissal for just and reasonable cause upon exhaustion of the procedures specified in Article [on dismissal for cause].

Approved by the CAUT Collective Bargaining Cooperative Board of Directors, February 1994;
editorial changes, August, 2005.


Endnotes

1. CAUT advises strongly against allowing lay-offs for reasons of program redundancy. However, a reference to the article on program redundancy is necessary if the collective agreement or handbook has such an article. The reference should use language similar to the reference to financial exigency in (e).

2. This clause is unnecessary if the collective agreement or handbook has no provisions for layoffs under financial exigency.