Teacher liability and tenure with special reference to Newfoundland

Parry, Dewi Michael (1975) Teacher liability and tenure with special reference to Newfoundland. Masters thesis, Memorial University of Newfoundland.

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Abstract

This study examines the legal responsibilities of educators for the supervision and care of students, and the legal rights of teachers in the field of tenure. The overall purpose of the study is to identify, in these two areas, consistent principles of law relative to educational personnel. -- The writer examines the sources of law which define the responsibilities and rights of educators. The sources include relevant statutes, contractual agreements, and subordinate legislation in the form of school board bylaws, rules and regulations. Much of Canadian law is unwritten so that legal principles have evolved through the common law. These principles are identified and illustrated by an examination of more than one hundred court cases. Pertinent Newfoundland legislation, some comparative legislation, and British and Canadian court cases form the basic source of the writer's data. -- Under the topic of Teacher Liability, the tort of negligence is defined and explained. The legal duties that educators, in their respective roles, owe to students are examined with specific reference to their supervisory duties on and off school premises, before and after school hours, and while transporting students. The duty owed to keep premises, facilities and equipment in a safe condition is reviewed. The writer examines the defences to a charge of negligence and the measures that educators can take to protect themselves against such a charge or against the possible ensuing financial consequences. Through an examination of the by-laws o~ Newfoundland school boards and the procedural methods of a selected number of schools, the writer attempts to comment on the adequacy of prevailing supervisory practices. -- Under the topic of Teacher Tenure, the writer reviews the procedures for acquiring tenure, the causes for dismissal, the procedures for dismissal and the procedural rights that accrue to teachers. -- As a result of his findings, the writer classifies a number of basic legal principles that apply to educators generally across Canada. The most important implication of the study, in the writer’s view, is that much needs to be done to make educators more aware of their legal rights and duties. He suggests some methods whereby this need might be satisfied.

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