Employer's Duty to Report Misconduct or Incompetence

The Registered Teachers Act stipulates:

35(1) An employer shall immediately provide written notice to the board of directors regarding the suspension, termination, resignation or retirement from employment of a registered teacher employed or retained by the employer in a position for which a teacher’s certificate is required if the suspension, termination, resignation or retirement, as the case may be, results from conduct that the employer reasonably believes constitutes professional incompetence or professional misconduct.

 (2) An employer notice pursuant to subsection (1) must: 

               (a)  be in the form required by the board of directors; and   
  (b) set out the reasons for the employer’s beliefs and the action taken to address the situation, which may include:  

                           (i)  the employer suspending or terminating the contract of employment with the registered teacher;    
  (ii)   the employer and the registered teacher agreeing, in writing, to the termination of the registered
 teacher’s contract of employment; or
 
  (iii)   the registered teacher resigning or retiring.  


 (3) No action or proceeding lies or shall be commenced against any person for anything in good faith done or purported to be done by that person in the carrying out or supposed carrying out of the duty to report imposed on that person pursuant to this section.

Employer Notices

An employer notice is notification that a registered teacher’s employment has ended or has been suspended due to actions by the registered teacher that the employer reasonably believes constitutes professional incompetence or professional misconduct.

Employer Notice Form