O’Chiese First Nation School
Box 337,
Rocky Mountain House,
Alberta, T4T 1A3
Phone: 403-989-3911
Fax: 403-989-2122
O’Chiese Education Authority Comprehensive Policy Manual
Employee Matters
532.
Employee Discipline
A. Disciplinary action will be taken in situations when employees do not follow O’Chiese Education Authority
and/or O’Chiese First Nation policy, job descriptions or directions from the supervisor. Behaviour outside
of school which may reflect poorly upon O’Chiese Education Authority or behaviour which may damage
the employer/employee relationship may result in disciplinary action.
B. The disciplinary action taken will depend on the seriousness of the offense. Disciplinary action will be
dealt with as follows, but not necessarily in this order, depending on the seriousness of the case;
(a) Verbal reprimand
(b) Written reprimand
(c) Suspension
(d) Dismissal/Termination
C. Disciplinary action may be taken including, but not limited to, the following list:
(a) Abuse of children;
(b) Gross neglect of duty;
(c) Failure to observe reasonable rules of conduct in job performance;
(d) Offensive conduct or language;
(e) Incompetency or inefficiency;
(f) Carelessness or neglect of duty;
(g) Misuse of property;
(h) Theft or intentional destruction of property;
(i) Working while under the influence of intoxicants or drugs;
(j) Violation of confidentiality;
(k) Sleeping while at work;
(l) Utilizing resources for personal use;
(m) Utilizing personal devices during work hours;
(n) Persistent and Unauthorized absence from work;
(o) Failure or refusal to attend training without reasons acceptable to the Principal;
(p) Failure or refusal to attend staff and/or committee meetings without reasons acceptable to
the Principal;
(q) Strike Action;
(r) Dishonest conduct;
(s) Falsification of records;
(t) Criminal convictions;
(u) Violence/fighting;
(v) Refusal to complete job assignments;
(w) Unauthorized media coverage, participating in protests, rallies, debates, petitions causing
discredit to the O’Chiese First Nation Leadership and O’Chiese Services;
(x) Failing to complete reporting requirements, required documentation, reports and work
plans;
(y) Insubordination (failure to follow directions from immediate supervisors).
D. The nature and extent of the disciplinary action to be taken may depend on considerations such as:
(a) The employee’s work history
(b) Length of employment
(c) Previous problems
(d) Circumstances which negate intent
(e) Employee’s efforts to resolve problems
533.
Termination
A. The Authority relies on honesty and integrity of every teaching professional who make a commitment to
teach at the school. Accordingly, it is expected that employees will only seek to terminate their
employment in rare and extraordinary circumstances. It is anticipated that once starting a school year,
the employee will complete the school year. In circumstances where departure cannot accommodate
completion of the school year, the employee must provide the Authority with not less than thirty (30) days
written notice. If the employee fails to provide the Authority with the required thirty (30) days written
notice, the Authority reserves the right to recover from the employee the costs to staff the position on an
interim basis as well as any recruitment or other costs that may result from the failure to give proper
notice.
B. While the Authority wants to avoid terminating the employment of teachers, there may be times when it is
necessary. This section outlines the considerations applicable to employee termination and provides
certainty as to the amount of any appropriate severance package.
C. The termination policy does not apply to expiry or non-renewal of a contract of employment or to a
decision not to offer permanent employment after completion of a probationary period. In such
circumstances the agreement setting out the fixed term of employment shall be considered notice of
termination.
D. The Authority may terminate employment without notice or payment in lieu of notice, if the employee’s
actions constitute just cause for dismissal, as defined in the policy manual or by law.
E. Just cause includes, but is not limited to:
a. Failing to abide by the Comprehensive Policy Manual or Employment Contract;
b. Unacceptable performance standards;
c. any conduct on the part of the employee which is deemed by the Board in its sole
discretion, acting reasonably, to be detrimental to the reputation, business or
financial position of the Board or is detrimental to the welfare of the students;
d. the disclosure of any Information of a confidential nature by the employee;
e. the loss by the Teacher of his/her Teaching Certificate;
f. Dishonesty, theft or misappropriation of school property;
g. Intentional destruction, improper use or abuse of school property;
h. Falsifying records;
i. Endangering students or fellow teachers;
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
Sexual misconduct or sexual harassment of students or fellow teachers;
Intoxication or impairment at the school;
Lateness, absenteeism, or failure to report for work without reasonable excuse;
Loss of teaching certification;
Criminal conviction in respect of any offence involving children or any offence in
respect of which a custodial sentence has been imposed;
Two serious violations of the same code of ethics, as per section A.6 of the
O’Chiese Education Authority Comprehensive Policy;
Incompatible criminal record or child welfare history which impedes an
employee’s professional obligations, as per section B.6 of the O’Chiese
Education Authority Comprehensive Policy;
Three consecutive days of absence without approval, as per section C.27 of the
O’Chiese Education Authority Comprehensive Policy;
Twelve accumulated days of absence without approval, as per section C.27 of
the O’Chiese Education Authority Comprehensive Policy;
Twenty-eight occurrences of tardiness, as per section C.25 of the O’Chiese
Education Authority Comprehensive Policy; and
Other conduct which would constitute just cause in law.
F. The determination of just cause will always be considered with regard to the special circumstance of the
teaching profession. Staff are being entrusted with the First Nation’s most precious resource: the
children. Employees stand in a fiduciary relationship and, as professionals, are to be held to the highest
standards of accountability.
G. If the termination of employment is not for just cause or determined it is appropriate to do so, a severance
package will be provided. The severance package will be calculated on the basis of Canada Labour
Code entitlements (either termination notice of payment in lieu of a termination notice plus applicable
severance pay) plus one month’s notice or a payment in lieu of notice.
H. The provision of a severance package is intended to fully and finally settle respective legal rights. The
terms of the employment agreement include agreement to accept the amount of the severance package
calculated under this policy as the only legal entitlement.
I.
The Authority will rely on this section in the event that a former employee attempts to bring a legal action
against O’Chiese Education Authority. In addition, even if it is decided to pay a severance package, the
Authority is not waiving its right to allege just cause for the termination.
J. Amounts which terminated employees owe the Authority will be deducted from the final pay or severance
package.
K. Within seven (7) days of the termination of employment, the former employee must return all property
belonging to the Authority. This includes any work completed while employed. A terminated employee
may not retain, reproduce or use any confidential information or property belonging to the Authority.