Part Seven - Termination for Medical Reasons

7.1    Termination for Medical Reasons

7.1.1 Without limiting the generality of interpretation of sub-clause 6.1, the board may terminate the employment of the principal by giving such written notice to the principal as it deems appropriate if as the result of mental or physical illness the principal is, in the opinion of the board, rendered incapable of the proper performance of the principal's duties and responsibilities under this agreement.

7.1.2 Before taking any action under this sub-clause the board shall, at its expense, require the principal to undergo a medical examination by a registered medical practitioner nominated by the board or, if the principal wishes, two medical practitioners one nominated by the board and the other by the principal, and shall take into account any report or recommendations made available to it as a result of that examination and any other relevant medical reports or recommendations which it might receive or which may be tendered to it by or on behalf of the principal.

7.1.3 A principal may apply to retire for medical reason, i.e., mental or physical illness, where the principal has a medical opinion verifying that the principal is rendered incapable, currently and in the future, of the proper performance of the principal’s duties and responsibilities under this agreement.

7.1.4 Before agreeing to the application for medical retirement the board may require, at its expense, require the principal to undergo a medical examination by a registered medical practitioner nominated by the board, or, if the principal wishes, two medical practitioners, one nominated by the board and the other by the principal.  The board shall take into account any report or recommendations which it might receive or which may be tendered to it by or on behalf of the principal when making its decision whether or not to grant medical retirement.

7.1.5 Where the employment is terminated for medical reasons as provided for in sub-clauses 7.1.1 or 7.1.3 the principal shall be entitled to receive either:

(a) Any unused sick leave as provided for in sub-clause 5.2.1 of this agreement and annual leave entitlement which would have accrued during the period for which the sick leave has been paid out; or

(b) three months salary in lieu of notice.

whichever is the greater together with any outstanding leave due in terms of sub-clause 5.10 of this agreement.

7.1.6 The board may temporarily relieve the principal of his/her duties and responsibilities under this agreement where:

(a) the board has required the principal to undergo a medical examination under sub-clause 7.1.2; and

(b) the results of the medical examination under sub-clause 7.1.2 support a course of action less than the termination of employment under sub-clause 7.1.1;

and the board considers that it is in the best interests of the school.

7.1.7 Where the principal is temporarily relieved from duty under sub-clause 7.1.6, the principal shall be placed on sick leave on pay unless all the sick leave to which the principal is entitled under clause 5.2.1 has already been used in which case the sick leave shall be without pay.

7.1.8 If the medical examination required under sub-clause 7.1.2 does not provide adequate medical reasons for the decision of the board to temporarily relieve the principal from duty, or to terminate the employment, the board shall forthwith permit the principal to return to duty and shall in respect of the period during which the principal was temporarily relieved from duty:

(a) reinstate any sick leave taken by the principal during that period;

(b) reimburse the principal for any loss of salary during that period.