You are a first-year teacher and very excited to have landed a teaching position with the...

 

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You are a first-year teacher and very excited to have landed a teaching position with the Edmonton Catholic School Board. You and your common law partner are also thrilled to learn you will be having a baby. When the delivery due date became closer, you discussed the possibility of paternity leave with your school administrator. After this discussion, you are requested to attend a meeting with your school administrator and the board human resource officer. At this meeting you are told your employment is being terminated for denominational cause. You are in disbelief and have sought legal counsel. What do you think are your rights in this scenario? O The denominational cause, originating in the earliest days of Confederation, entitled Catholic separate schools to preferential hiring. Since the inception of the Charter, termination of employment for denominational cause is considered discriminatory and courts have found it is in violation of the Charter. Only in Quebec and New Brunswick will the Courts recognize the right of Catholic separate schools to terminate the employment of teachers for denominational cause. The reason for this is historical, originating in the earliest days of Confederation. While teachers are held to a higher standard, courts have ruled that termination for O denominational cause (a) is not fair by societal comparison, and (b) is not fundamental to the permeation of Catholic teaching in the Catholic school. Termination on the basis of denominational cause is allowed by the Catholic separate school systems and can include marrying in a civil rather than a Church ceremony, marrying a divorced person, having a same sex relationship or engaging in pre-marital sexual intercourse, as evidenced by requests for parential leave. You are a first-year teacher and very excited to have landed a teaching position with the Edmonton Catholic School Board. You and your common law partner are also thrilled to learn you will be having a baby. When the delivery due date became closer, you discussed the possibility of paternity leave with your school administrator. After this discussion, you are requested to attend a meeting with your school administrator and the board human resource officer. At this meeting you are told your employment is being terminated for denominational cause. You are in disbelief and have sought legal counsel. What do you think are your rights in this scenario? O The denominational cause, originating in the earliest days of Confederation, entitled Catholic separate schools to preferential hiring. Since the inception of the Charter, termination of employment for denominational cause is considered discriminatory and courts have found it is in violation of the Charter. Only in Quebec and New Brunswick will the Courts recognize the right of Catholic separate schools to terminate the employment of teachers for denominational cause. The reason for this is historical, originating in the earliest days of Confederation. While teachers are held to a higher standard, courts have ruled that termination for O denominational cause (a) is not fair by societal comparison, and (b) is not fundamental to the permeation of Catholic teaching in the Catholic school. Termination on the basis of denominational cause is allowed by the Catholic separate school systems and can include marrying in a civil rather than a Church ceremony, marrying a divorced person, having a same sex relationship or engaging in pre-marital sexual intercourse, as evidenced by requests for parential leave.

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