15
which caused the teachers' concern and dissatisfaction was the clause relating to termination of employment.
Clause 12
of the old contract states that "In relation to the teaching staff's termination of contracts, dismissal, sick leave, maternity leave, retirement and resignation before the contract expires, the School will act in accordance with the Code of Aid". Appendix 18 of the Code of Aid sets out the procedure for the termination of employment of teachers, providing for the giving of verbal warning to be followed by warning in writing. Clause 14 of the new contract on the other hand states that "The School Management Committee reserves the right to dismiss, after appropriate notice, any school staff who fails to observe any one of the above regulations No.1 to No.13". Reference was no longer made to the Code of Aid. (Copies of the old and new contracts, in the original Chinese version and English translation, are
Since the attached at Appendices B and C, respectively). School's establishment in 1973, contracts for teachers had consistently referred to the Code of Aid with regard to termination of employment. Therefore, when faced with the new termination clause, it was understandable that the teachers, particularly those who were involved in the disclosure of
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financial mismanagement, felt that their fears concerning possible reprisals were not unfounded.
The fact that they
eventually signed the new contract did not necessarily imply that they were satisfied with the conditions contained therein.
30.
Whilst the Education Department stresses that the Code of Aid itself does not have any statutory power and that it is intended to be taken generally as an advisory guide only, we understand that the teachers assumed that the Code of Aid was a standard code of practice to which the School
/Management