ARTICLE 29 - DISMISSAL FOR JUST CAUSE

29:01    In this Article 29, "dismissal" means the termination of an appointment by the Board of Governors,

(a)    in the case of a member having an appointment with tenure or permanence, prior to the age of retirement;

(b)    in the case of a member having an appointment of limited term, prior to the end of the specified term; or

(c)    in the case of a member having a probationary appointment, without the required notice.

Failure to renew a probationary or limited term appointment, failure to grant tenure or permanence at the end of a probationary period, or lay-off does not constitute dismissal.

29:02    A member may be dismissed for just cause.

29:03    Medical disability shall not be cause for dismissal unless the member has initially refused an appropriate offer of accommodation and thereafter has unreasonably refused medical attention.

29:04    Where it is alleged that there exists just cause for dismissal of a member, the allegation(s) shall be brought to the attention of the President.  The initiation of preliminary proceedings shall be at the discretion of the President and in cases where she/he intends to proceed she/he shall inform the member in writing of the allegations which have been made against the member, together with a written summary of all relevant circumstances and the reason(s) for the intended dismissal.  An informal conference, called by the President, shall then be held, attended by the President, the Dean of the member’s Faculty, and/or her/his Head, a member of the Faculty Association Executive unless the member requests in writing that no Association representative be present and waives any claim against the Faculty Association with respect to representation, and the member against whom the allegations have been made, if she/he elects to attend.  The Association has the right to be present and to make representation at this and all subsequent stages of these proceedings, unless the member waives such representation as provided for above.  Where a member proceeds without the assistance of the Association, any settlement or award shall not constitute a precedent to be used against any other member, group of members, the Association or the University in any future dismissal for just cause proceedings.

29:05    Where a member declines or fails to attend the informal conference, or if no settlement is reached which is agreeable to the University and the member and the President wishes to pursue the matter, the President shall within ten (10) days of the informal conference inform the member in writing of the specific charge(s) against her/him, the reason(s) therefore and the intended action for dismissal and that, subject to written notice by the member provided for under clause 29:06, a single arbitrator will conduct a hearing to determine the validity of the charge(s) and to determine whether said charge(s) constitute(s) just cause for dismissal.
    
29:06    If such member wishes to contest the intended dismissal, she/he shall within ten (10) days of the receipt of the notification by the President of the specific charge(s) against the member and the reason(s) therefore, notify the President and the President of the Association of her/his intent; whereupon the President and the President of the Association shall meet and attempt to agree upon a single arbitrator from the following list:

1. Brian Langille
2. Kenneth Swan
3. Bill Kaplan
4. Louisa Davie

If such selection has not been made within ten (10) days, either party may request the Minister of Labour for Ontario to make the appointment.

29:07    The President may by written notice relieve the member of some or all of her/his University duties until the arbitrator has made a decision or until such earlier time as the President may deem appropriate. The Faculty Association will be notified of any action taken under this clause in a timely manner. No such action shall be taken unless the President has grounds to believe that the failure to take the action outlined herein would result in appreciable physical or emotional harm to a person associated with or a guest of the University or appreciable harm to or resulting from the use of University property or data, or appreciable harm to or resulting from the use of property or data of a person associated with or a guest of the University on the University campus, and the President has considered all reasonable alternatives to relieving the member of some or all of her/his duties. Subject to any disciplinary action taken under Article 58, salary and benefits shall continue throughout the period the member has been relieved of her/his duties up to the date the arbitrator renders a decision.    

29:08    Subject to the provisions of The Labour Relations Act of Ontario, the arbitrator shall have the power to establish procedures.  Such procedures shall be in conformity with the principles of fair play and natural justice and in accordance with the minimum rules for proceedings set forth in The Statutory Powers Procedure Act, 1971, of Ontario.  In particular, without limiting the generality of the foregoing, the following procedures shall be adopted at the hearing:

(a)    The parties to the arbitration shall be the Faculty Association and the University.

(b)    The arbitrator shall fix the date, time and place of the hearing and shall forward a written notice of same to the parties a reasonable time in advance of the hearing.  The notice shall contain a statement of the purpose of the hearing and shall also contain a statement that if the party notified does not attend at the hearing, the arbitrator may proceed in her/his absence.

(c)    The hearing shall be held in camera.

(d)    Each party shall be entitled to be present and to be represented at the hearing by counsel or agent, to call and examine witnesses, to cross-examine witnesses called by another party, and to present argument.

(e)    Each witness shall be informed by the arbitrator of her/his right to object to answer any question under the Canada Evidence Act and The Evidence Act of Ontario.

(f)    A complete audio taped record of the hearing shall be made and a copy shall be furnished to the University and to the member on request at the expense of the party making the request.

(g)    In recognition of the fact that the procedures set forth in this Article constitute a modification of the normal grievance arbitration procedures under The Labour Relations Act of Ontario, the arbitrator shall have the powers granted to arbitrators by Section 44 (8) of the Ontario Labour Relations Act including the power:

    (i)    to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath;

    (ii)    to administer oaths; and

    (iii)    to accept such oral or written evidence as in the arbitrator’s discretion is proper, whether admissible in a court of law or not.

29:09    The arbitrator shall reach a decision where practicable within thirty (30) days of the hearing being completed on the basis of the evidence adduced at the hearing.  The said decision shall contain findings of fact, reasons and conclusions as to whether there is just cause, and a copy of the decision shall be provided to the University and to the member.  The arbitrator shall not have jurisdiction to alter or add to any of the provisions of this Agreement or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms of this Agreement.  However, the arbitrator shall not be barred from hearing a grievance and rendering an award on the basis of a technical irregularity.  The decision of the arbitrator shall be final and binding upon the University, the Association and the member.  In the award the arbitrator shall declare:

(a)    that just cause for dismissal has not been shown and that any suspension in effect be rescinded, in which case it may rule that no record of such suspension shall be made in the member's personnel file; or

(b)    that just cause for dismissal has been shown in which case it may make such recommendations it deems just and equitable in the circumstances.

29:10    The University shall be responsible for the fees and expenses of the arbitrator. Without limiting the generality of the foregoing, such expenses may include the cost of transcripts, hearing room, witnesses called by the arbitrator and the fees and expenses of Counsel and other advisers to the arbitrator.