Judgment of the Court
The judgment of the Court was delivered by
Cohnstaedt shall be forthwith assigned to the Department of Sociology and Social Studies and immediately thereafter seconded for an indefinite period to work under the joint direction of the Dean of Arts and the Dean of Social Work (hereafter referred to as "the Deans").
Cohnstaedt shall be shown as a Professor of Sociology and a member of the Department of Sociology in the University telephone directory, the general calendar and publications issued by the University where members of the Department of Sociology and Social Studies are listed, but shall not attend Department of Sociology meetings or take any part in the department's affairs except at the request of the head of the Department of Sociology and Social Studies. He shall receive notices of all department meetings, copies of minutes and other documents or memoranda issued by the Department and normally circulated to members of the Department.
Cohnstaedt shall perform such academic duties as shall be hereafter assigned to him by the Deans during the period ending April 30, 1978, at which time his work during the said period shall be assessed as hereafter provided.
Cohnstaedt's academic work as assigned to him shall be assessed by the Deans forthwith after April 30, 1978, and if his work shall be judged to be of a quality such as might reasonably be expected of a full professor with the University, the University agrees, subject to paragraphs 2 and 5 hereof, to thereafter treat him as any other tenured professor and to waive the requirement for early retirement contained in the agreement made between the University and Cohnstaedt dated October 7, 1972.
In the event of such waiver, Cohnstaedt shall thereafter continue to work under the Deans as a seconded member of the Department of Sociology and Social Studies until his retirement or until he shall be invited by the University to participate in the work of the Department of Sociology and Social Studies. While working under the direction of the Deans he shall continue as a seconded member of the Department of Sociology and Social Studies subject to the terms of paragraph 2 hereof and shall continue to work at the direction of and be responsible to the Deans.
In the event the Deans judge his performance during the said period ending April 30, 1978, to be inadequate (i.e. of a standard below that which might reasonably be expected of a full professor at the University) then Cohnstaedt shall continue to be bound by his undertaking in the said agreement of October 7, 1972, to retire effective June 30, 1978.
There shall be no appeal from the joint decision of the Deans, however, in the event that the Deans are unable to agree, the assessment shall be made by a board of three members to be selected as follows:
(a)a nominee to be appointed by the President of the University;
(b)a nominee to be appointed by Cohnstaedt;
(c)a chairman to be agreed upon by the nominees or in the event of failure so to agree to be selected by the Visitor of the University of Regina.
The University shall forthwith pay and Cohnstaedt accepts the sum of $1100.00 in full settlement for increments denied him during his employment with the University.
Cohnstaedt agrees to forthwith discontinue the action he has commenced against the University of Regina, being Q.B. No. 474 of 1975 and also releases the University from all claims and demands involved in such litigation and which are alleged in such action to have accrued to him.
The University affirms that it has no present intention to change the office or other facilities of the University currently available to Cohnstaedt and agrees that no such change shall be made until his retirement without the prior consent of the Deans.