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ARTICLE · 02 APRIL 2012

Discharge Of Teacher Under TPA System Upheld By Arbitrator

Borden Ladner Gervais LLP
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Discharge of teachers for unsatisfactory teaching performance is seldom a straightforward task.

CanadaEmployment and HR

Discharge of teachers for unsatisfactory teaching performance is seldom a straightforward task. Arbitrator Pamela Picher has recently provided guidance to school boards in Ontario's first Teacher Performance Appraisal ("TPA") discharge arbitration in the case of Toronto District School Board and Ontario Secondary School Teachers' Federation – District 12. The decision was released on August 19, 2011.

TEACHER PERFORMANCE APPRAISAL SYSTEM

In Ontario, "Part X.2, Teacher Performance Appraisal" of the Education Act and its related Regulation 99/02 establish the framework and mandatory requirements of the TPA system. Every teacher is evaluated under the TPA system at least once in a period of three years. Additional performance appraisals can be triggered if the principal of a school considers it advisable in light of the circumstance relating to a teacher's performance.

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