Termination of Employment

An employer or employee may terminate an employment contract under the provisions of the VCEMEA.

Termination by the employer

An employer may terminate an employee’s employment:

  • summarily
  • on notice
  • on notice, as a consequence of redundancy.

Summary dismissal

An employer may terminate an employee’s employment summarily where an employee is guilty of serious misconduct (that is misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period).

In such cases the employee’s salary shall be paid up to the time of dismissal only. 

Notice Periods

Education support employees and school services officers shall receive the following notice from an employer when employment is to be terminated:

Period of continuous service Period of notice
Less than one year One week
One year but less than three years Two weeks
Three years but less than five years Three weeks
Five years and over Four weeks

Employees over the age of 45 at the time of giving notice who have not less than two years continuous service shall be entitled to an additional weeks’ notice.

For teachers (including deputy principals) and principals, the employer shall provide the following notice:

Period of continuous service Period of notice
Less than 10 years in Catholic education and less than five years in their current school Eight working weeks
Ten or more years in Catholic education or five or more years in their current school Twelve weeks, nine of which shall be working weeks

For the avoidance of doubt, a working week includes any week during a school term as defined.

If appropriate notice is not given, payment in lieu of the notice shall be made to the employee.  Payment in lieu of notice is calculated by taking the amount of salary an employee would have received if the employee’s employment had not been terminated and based on the ordinary time which the employee would have worked during the notice period.

Employment may be terminated by the employer by giving part of the period of notice and part payment in lieu of notice.  

The period of notice shall apply in the case of an employee whose employment is for a specified period of time (fixed term). 

Notice of termination by an employee

Education support employees and school services officers are required to provide the same period of notice as an employer.

Teachers (including deputy principals) and principals must provide eight weeks’ notice.

Provided agreement is reached with an employer, employees can provide a lesser period of notice.

If an employee fails to give at least four weeks’ notice, or such lesser period of notice as the Agreement requires, the employer shall have the right to withhold from moneys due up to an amount equal to one week’s ordinary time rate of pay for each week of the required notice not given, up to a maximum of four weeks at the ordinary time rate of pay. 

Time off during notice period

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at a time or times that are convenient to the employee after consultation with the employer. 

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