BackgroundThe division recognizes the importance of its staff in
achieving success for all students. To meet the goals of the division, The
Director of Education maintains the right to deploy staff in a manner that
meets the needs of the system.
This procedure outlines the process in the cases that
necessitate the declaration of staff redundancy, the Director of Education
recognizes the importance of staff in the delivery of effective programming for
all students. Notwithstanding that recognition, the Director also recognizes
that its ability to provide staffing levels may, from time to time, be
constrained.
These constraints may include, but are not limited to,
decline in student enrolment, reduced provincial financial funding, student
educational need, staff availability and/or new or revised curricula. When
changes in one or more constraining factors occur, the Director may deem it
necessary to reduce the number of staff full-time equivalents (FTE) and/or
alter staff assignments to meet identified Division needs.
Horizon School Division No. 205 will take into consideration
known resignations, retirements and approved leaves of absences, before
implementing procedures for lay-off or terminations.
Procedures1. The total
number of FTE staff required in the Division takes into consideration current
and projected enrolments, financial resources, program offerings, identified
needs and the circumstances of schools and/or services of the Division. The
total number of FTE required is determined in accordance with Division
priorities, and is reviewed annually within the staffing & budgeting
process. The staff allocation needed to support programming for each school, is
then determined;
2. Division
staffing is a collaborative process done between the school principal and/or
the service supervisor and the Deputy Director of Education (or designate);
3. Should
constraints as outlined above necessitate the declaration of staff redundancy
within a school and/or service, the Deputy Director of Education (or
designate), in consultation with the principal/supervisor, shall review staff
and make recommendations to the Director of Education
Professional StaffWhen the identified needs for the school/service are not
sufficient to provide assignments to all the teachers, those teachers will be
declared redundant to the school/service.
1. With
respect to which teachers are necessary to meet student need, the
principal/supervisor in collaboration with the Deputy Director of Education (or
designate) in arriving at a recommendation, the following criteria shall be
considered, in decreasing order of priority
1.1. Teachers
with the most appropriate curricular background/training, experience and
personal qualities to meet the programming needs of the school and/or service;
1.2. Where
comparative data is available, the teacher deemed more effective as determined
on the basis of performance;
1.3. The
versatility and ability to teach in a wide variety of subjects as well as grade
level adaptability and flexibility;
1.4. Where
comparative data is available, the greatest degree and level of involvement in
professional development and school life activities;
1.5. Those with
the greater number of years of post-secondary training in education;
1.6. Teacher’s
suitability for anticipated future programming needs;
1.7. Where the
above factors do not determine all teachers to be retained in the
school/service, seniority may be considered;
1.7.1. For the
purposes of these guidelines, seniority may be defined as the length of time of
the teacher provided uninterrupted service with the Division, as defined by the
Provincial Collective Bargaining Agreement, expressed in full-time equivalent
years. For the purpose of calculating seniority, only temporary, replacement or
continuing contracts will be included in the calculations;
4. In the
event a teacher is deemed redundant to the needs of a school/service,
reasonable effort will be made to find a placement for that teacher within the
Division, where a vacancy exists, relative to the programming needs of the
students and to the educational background and/or experience of the teacher
5. If it is
deemed that there is no appropriate assignment for the teacher who is declared
redundant to the needs of the Division, the teacher’s contract will be
terminated in accordance with Clause 210(1) (b) of The Education Act, 1995;
6. This
redundancy administrative procedure does not apply to adding or removing
administrative duties, (i.e. principals and vice-principals).
Support StaffWhen the employment needs for the projected school or
service are not sufficient to provide assignments to all the staff employed,
the Deputy Director of Education (or designate), in consultation with the
principal or supervisor, shall make a recommendation to the Director of
Education of identified position(s) that may be declared redundant.
1. Support
Staff declared redundant will be considered for placement in other vacant
positions within the division. If no suitable placement can be made, procedures
for lay-off or termination of employment will be implemented.
The guidelines for lay-off or termination of employment
contracts for support staff are as follows:
1.1. Unionized
staff will be laid off or terminated in accordance with the layoff and/or
termination provisions of the applicable collective agreement;
1.2. Non-Unionized
staff will be laid-off or terminated in accordance with layoff and/or
termination provisions of the applicable working conditions by giving
appropriate notice or pay in lieu thereof, in accordance with the employee's
contract of employment.
1.3. Out-of-scope
staff will be terminated by giving appropriate notice or pay in lieu thereof, in
accordance with the Saskatchewan Employment Act or the employee's contract of
employment. Severance pay provisions will be made in accordance with the
employee’s contract of employment.
Reference: Education
Act 1995, Sections; 85, 87, 109, 174, 175, 210, 213, 215, 216;Human Rights Code; Saskatchewan Teachers’ Provincial
Collections Bargaining Agreement;Horizon Support Staff Association Agreement; CUPE #4799
Agreement;Deer Park Employees Association Agreement; Saskatchewan
Employment Act
March 23, 2011
Revised October 27, 2017