Article 6: Termination – Unsuitability for Program
6.01
The Hospital may terminate the contract of a Resident when, in the opinion of the Program or Educational Director the Resident is unsuitable for the Program in which he/she is training. The Hospital shall adhere to either of the following procedures in the case of such termination:
(a) provide the Resident with payment equal to two (2) months’ remuneration;
or
(b) provide the Resident with two (2) months’ notice of his/her termination.
6.02a
The Hospital may elect to follow either (a) or (b) above, but both alternatives must be preceded by a written warning from the Hospital to the Resident (a copy of which shall be forwarded to PAR-BC) of those factors which suggest to the Program or Educational Director that the Resident is unsuited for the Program in which he/she is training.
6.02b
When a warning is issued to a Resident it shall clearly outline those areas which need improvement, the time frame during which it is reasonable to expect improvement, and the consequences should this not happen. PAR-BC shall receive copies of the relevant documentation.
6.03a
A Resident terminated for professional unsuitability may apply for a hearing to the Resident Staff Appeals Committee (U.B.C.) Faculty of Medicine, or a similarly constituted and representative Committee established in those Hospitals where the affiliation with U.B.C. does not exist. This latter Committee will have one representative from each of the following: The College of Physicians and Surgeons of B.C., the Hospital, and a representative of PAR-BC. The decision of the Committee will be final and binding.
6.03b
At the time of the termination for professional unsuitability, the Resident shall be provided with a copy of the U.B.C. residency appeal procedure and advised of the time limits established in the appeal procedure, and his/her right to pursue restitution through this avenue.
PAR-BC shall be provided with the name of any Resident terminated for unsuitability.
6.04
Application for an appeal determination of unsuitability will only be processed through the foregoing Article 6.03.
