DISMISSAL

9.1 Should a resident be dismissed by a hospital for cause, the resident shall be given prior notification in writing of the reasons forming the basis of the dismissal. The affected resident shall be entitled to four (4) weeks notice prior to his/her dismissal or four (4) weeks pay in lieu. A copy of the prior written notification shall also be provided to PAIRO.

9.2 It is agreed by the parties that the release of a resident from his/her training program through action of the University and after notification to the hospital by the office of the Dean of Medicine constitutes "just cause" for dismissal by the hospital.

9.3 If a resident has been dismissed by the hospital, in accordance with Article 9.2, and such resident is reinstated to his/her program through successful appeal of the University's release (through the University's appeal process), the resident will be reinstated by the hospital.

9.4 No resident shall be formally disciplined, suspended or dismissed from clinical responsibilities by a hospital without just cause.

In circumstances other than dismissal in accordance with Article 9.2, a claim by a resident that he/she has been unjustly disciplined, suspended or dismissed shall be processed through the grievance and arbitration procedure in Article 8 of the Collective Agreement. The arbitrator or board of arbitration may settle the grievance by:

a) confirming the hospital's action in formally disciplining, suspending or dismissing the resident;

b) revoking the discipline, or reinstating the resident with or without full compensation for any time lost; or

c) directing any other arrangement which may be deemed just and equitable.