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I-14 - The Education Act for Cree, Inuit and Naskapi Native Persons

Section 190
Disposition versions

Full text
190. Commissioners shall cancel the engagement of persons holding pedagogical or educational positions in accordance with the collective agreement governing the parties.
However, failing an agreement or if the agreement does not provide for cancellation of engagement, the following provisions apply:
(1)  the commissioners shall, after mature deliberation at a meeting called for that purpose, cancel the engagement of persons holding pedagogical or educational positions on account of incapacity, negligence in the performance of their duties, insubordination misconduct or immorality;
(2)  any person who holds a pedagogical or educational position and is dismissed under the preceding paragraph may submit his grievance to arbitration, in accordance with sections 100 to 102 of the Labour Code (chapter C-27). In such case, the arbitrator seized of the grievance shall determine whether the procedure prescribed for the dismissal has been followed and whether the reasons alleged by the school board in support of such dismissal constitute one of the causes of cancellation contemplated in the preceding paragraph. The arbitrator may set aside the decision of the school board if the procedure prescribed has not been followed or, if the reasons for the dismissal are not well founded, order that the person concerned be reinstated in his duties and determine, if need be, the amount of the compensation to which he is entitled.
1969, c. 67, s. 3; 1977, c. 41, s. 73; 1982, c. 45, s. 14; 1983, c. 22, s. 101; 1989, c. 36, s. 279; 1990, c. 35, s. 16.
190. School commissioners and trustees shall cancel the engagement of persons holding pedagogical or educational positions in accordance with the collective agreement governing the parties.
However, failing an agreement or if the agreement does not provide for cancellation of engagement, the following provisions apply:
(1)  The school commissioners or trustees shall, after mature deliberation at a meeting called for that purpose, cancel the engagement of persons holding pedagogical or educational positions on account of incapacity, negligence in the performance of their duties, insubordination misconduct or immorality.
(2)  Any person who holds a pedagogical or educational position and is dismissed under the preceding paragraph may submit his grievance to arbitration, in accordance with sections 100 to 102 of the Labour Code (chapter C-27). In such case, the arbitrator seized of the grievance shall determine whether the procedure prescribed for the dismissal has been followed and whether the reasons alleged by the school board in support of such dismissal constitute one of the causes of cancellation contemplated in the preceding paragraph. The arbitrator may set aside the decision of the school board if the procedure prescribed has not been followed or, if the reasons for the dismissal are not well founded, order that the person concerned be reinstated in his duties and determine, if need be, the amount of the compensation to which he is entitled.
1969, c. 67, s. 3; 1977, c. 41, s. 73; 1982, c. 45, s. 14; 1983, c. 22, s. 101.
190. School commissioners and trustees shall cancel the engagement of persons holding pedagogical or educational positions in accordance with the collective agreement governing the parties.
However, failing an agreement or if the agreement does not provide for cancellation of engagement, the following provisions apply:
(1)  The school commissioners or trustees shall, after mature deliberation at a meeting called for that purpose, cancel the engagement of persons holding pedagogical or educational positions on account of incapacity, negligence in the performance of their duties, insubordination misconduct or immorality.
(2)  Any person who holds a pedagogical or educational position and is dismissed under the preceding paragraph may submit his grievance to arbitration, in accordance with sections 100 to 102 of the Labour Code (chapter C-27). In such case, the court of arbitration seized of the grievance shall determine whether the procedure prescribed for the dismissal has been followed and whether the reasons alleged by the school board in support of such dismissal constitute one of the causes of cancellation contemplated in the preceding paragraph. The court of arbitration may set aside the decision of the school board if the procedure prescribed has not been followed or, if the reasons for the dismissal are not well founded, order that the person concerned be reinstated in his duties and determine, if need be, the amount of the compensation to which he is entitled.
1969, c. 67, s. 3; 1977, c. 41, s. 73; 1982, c. 45, s. 14.
190. Any person who holds a pedagogical or educational position and is dismissed under paragraph 2 of section 189 may submit his grievance to arbitration in accordance with the procedure prescribed in the collective agreement governing the parties or, failing such agreement or if it does not provide therefor, in accordance with sections 100 to 102 of the Labour Code.
The council of arbitration seized of the grievance shall determine whether the procedure prescribed for the dismissal has been followed and whether the reasons alleged by the school board in support of such dismissal constitute one of the causes of cancellation contemplated in paragraph 2 of section 189.
The council of arbitration may set aside the decision of the school board if the procedure prescribed has not been followed or, if the reasons for the dismissal are not well founded, order that the person concerned be reinstated in his duties and determine, if need be, the amount of the compensation to which he is entitled.
1969, c. 67, s. 3; 1977, c. 41, s. 73.
190. Any person who holds a pedagogical or educational position and is dismissed under paragraph 2 of section 189 may submit his grievance to arbitration in accordance with the procedure prescribed in the collective agreement governing the parties or, failing such agreement or if it does not provide therefor, in accordance with sections 100 to 102 of the Labour Code.
The council of arbitration seized of the grievance shall determine whether the procedure prescribed for the dismissal has been followed and whether the reasons alleged by the school board in support of such dismissal constitute one of the causes of cancellation contemplated in paragraph 2 of section 189.
The council of arbitration may set aside the decision of the school board if the procedure prescribed has not been followed or, if the reasons for the dismissal are not well founded, order that the person concerned be reinstated in his duties and determine, if need be, the amount of the compensation to which he is entitled.
1969, c. 67, s. 3.
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