Article 5: Termination and Dismissal

5.01

The Employer may terminate a Resident for just cause,  subject to provisions of Article 3. When a resident is terminated for just cause he/she shall not be entitled to notice or payment in lieu of notice.

5.02

Should a grievance be filed as a result of Termination by the Employer, the grievance procedure shall be instituted at Stage 2 of the grievance procedure.

5.03

A Resident shall maintain active enrolment in a Residency Program and shall maintain registration with the College of Physicians and Surgeons of British Columbia as a condition of employment.  For clarity, a Resident who is placed on leave of absence from a Residency Program, by the Faculty of Medicine, University of British Columbia is not considered to be actively enrolled in a Residency Program.

5.04

Notwithstanding Article 5.03, where a Resident is placed on leave of absence from a Residency Program by the Faculty of Medicine, University of British Columbia, the parties will meet to discuss the Resident’s employment status.  If the parties do not reach agreement to continue the Resident’s employment within 30 days from the commencement of the leave of absence, the Resident’s employment will be terminated. The Resident will remain on payroll throughout the 30 day process.  Should the Resident elect Termination, he/she will receive severance as per Article 5.05.

5.05

In the event that the Employer is advised by the Faculty of Medicine, University of British Columbia that a Resident has been dismissed from a Residency Program, the Employer will terminate the Resident’s employment and provide the Resident with payment equal to four (4) months’ remuneration.  PAR-BC will be provided with the name of any Resident that has been terminated as a result of Dismissal from a Residency Program.

5.06

All decisions by the Faculty of Medicine, University of British Columbia with respect to Dismissal from a Residency Program are Academic matters.