Notice of Resignation

Introduction

From time to time, members seek to accept new job opportunities with other school boards.

Timing of Opportunities

Before accepting this new opportunity, pay attention to the timelines involved. Note that

• most collective agreements contain a timeline requirement for notice of retirement or resignation.
• difficulties can arise if the timing of this opportunity does not coincide with the language in the current collective agreement about providing notice. 
•  an important caveat to these timelines is the addition of the words "or by mutual agreement."

Some members have found themselves in a dilemma when an opportunity to move has come at a time that does not allow them to meet these notice provisions.

The Dilemma of "What to do."

ETFO strongly advises teachers to teachers to follow the language in their collective agreement.

Sometimes members find themselves in situations where circumstances make it impossible to comply with existing notice provisions. One example is where an individual is offered a teaching position with a different school board in late summer, when his/her current employer is expecting them to return in September.

Teachers should never simply walk away from their responsibilities to the current employer.

Resignation by Mutual Consent

It may be possible to obtain the "mutual agreement" referred to above. Teachers should speak with their supervisory officer, explain the circumstances, and request they be granted a "resignation by mutual consent." School boards are under no obligation to agree. The granting of this request is often dependent upon the ease with which a board can fill the resulting vacancy.

What if the Employer says No?

For both legal and professional reasons, members may need to decline or postpone an opportunity with a new employer.

In these circumstances, it will be important to contact the potential employer to explain the situation. It is possible the employer may be willing to defer hiring to allow the individual to adhere to the notice provisions in resigning from their current position.

ETFO strongly advises members not to abandon their current employment contract. The risks are both legal and professional.

Complaints to the College of Teachers

School boards or other individuals are allowed to complain to the College of Teachers (OCT) if they believe a teacher has shown "professional misconduct."

While there is no specific provision making the termination of a contract without notice grounds for professional misconduct, there are certain general provisions contained in the professional misconduct regulation which may allow such complaints to be filed. These include "failing to maintain the standards of the profession" and "conduct unbecoming a member."

Action Checklist

When seeking to accept another opportunity:

• Strive to have the timing of the change coincide with the provisions of your collective agreement so that adequate notice can be given.
• If this is not possible, consult with your local ETFO representative and work with your employer to obtain "mutual agreement" in the termination of your obligation to your current school board.
• Call the Professional Relations staff at ETFO for advice and assistance.

Members are advised to consult Professional Relations staff in Protective Services at 416-962-3836 or 1-888-838-3836 for additional advice.