TEACHER LAY-OFF ADVICE
FINAL ADVICE TO CANADIAN TEACHERS LAID-OFF ON MAY 31 EITHER IN 2017 0R 2018 employescasecanada.ca
The West Vancouver School Trustee's 'final solution': If you do not accept what we offer in compensation, you will get nothing at all.
1) Do NOT contact me as there is nothing that I can do for you. Accept my condolences - been there, done that and still doing 'that' - as your colleagues are too busy reacting with 'but for the grace of God, there go I'.
2) DO hire your own employment lawyer to work in conjunction with the Union lawyer immediately (avoid big law firms). He can obtain, for example, seniority listings. His goal in June is to get your lay-off rescinded through active action and not merely limiting himself or herself to legal billable time letters.
3) Senior teachers laid-off will not work again in the public field as you are too expensive. Beginning teachers should not expect to work again in the public field as you are an embarrassment with School Boards subsequently re-employing students directly from University when there is a need. These latter have 2 years as opposed to a 1 year qualifying year common to all other teachers in the system thus providing the Board with an excuse to hire 'the more qualified teacher' as opposed to experienced teacher.
4) Remember, if you legally challenge a lay-off and lose before an employer dominated court, you are responsible for School Board legal fees. A teacher success does not force a return to employment as the question in law is 'adequate compensation'. Expect 2-5 years for a resolution so don't sit around, get alternative employment. Do not expect support from an anti-employee media or 'silent' politicians. In a parallel Justice System in the U.S.; consider Mr. Trump's assertion: 'The U.S. Justice System must be the laughing stock of the world'. One key distinction is to be noted in this regard. Residual powers (or left over powers) belong to the states in the U.S. (why they had a civil war) whereas, in Canada, the residual powers lie with the Federal government explaining why Premiers e.g. carbon tax, have a vested interest in my case regarding court oversight powers. (It also explains why Trump's immigration restrictions can be overthrown by state courts as has been happening.)
5) One matter the School Board and the Union are in agreement; both do not want expensive court cases. A 'spot' placed before your name, despite objections to the contrary, was done in conjunction with the school principal and the local Union leader.
6) School Boards like to limit their compensation and will use any stunt to that end. For example, withholding your pension is a favourite ploy as leverage. In the Employee's Case, the West Vancouver School Board ignored my retirement notice 10 years ago hence, without that recognition, I have been unable to collect on my teacher pension rights. Earlier pension contributions in B.C. before my lay-off in 1985 were also stymied when I asked for their transference from B.C. to Ontario as per regulations. For 2 years, the B.C. Pension Board ignored the transfer request ultimately claiming that they had 'lost' the forms (that way they cannot be accused of procrastination) and after re-filling those forms, it took another 2 years for the transfer to be effected.
7) If you are thoroughly traumatized by the above account - then good. It is now time to get on with the rest of your life.
8) As a sub-note, I hope that Canada does not buy into the charter school system promulgated by such as the Fraser Institute. Such charter (or private schools) are only for the elite with the necessary wealth to support their infrastructure (further, they do not take disciplinary students). For example, private school teachers are paid on a scale comparable to the public school system across Canada. Underfunded charter schools, such as are found in rural areas or ghettos in the U.S., will not be recognized by employers nor colleges and will have great difficulty attracting competent teachers despite the shortage of teacher employment as student disciplinary problems are paramount. This factor could be a problem in Canada as rural schools are closed with students being transferred to neighboring School Districts. It also creates a horrendous problem in establishing teacher seniority rights for both School Districts. (in 1999, the Carleton and Ottawa School Districts were combined with a new inclusive seniority list which ran smoothly because there wasn't any declining enrolment.)
9) The only difference in teacher lay-off provisions and imposed legislation, is that School Boards can hand you a lay-off notice on the last day of June - the out of sight, the out of mind concept. My current court battles across Canadian courts amount to keeping the West Vancouver School Trustees from gaming the system; that is, they claim that imposed legislation has no court overview powers; a position supported by many courts of law including the Supreme Court of Canada (4 times) to the extent that the courts avoid the issue altogether permitting specious technicalities to be used to obviate my case. That's why the 'individual' has no status in Canada any longer with our courts of law in a state of anarchy. At best, under the current circumstances, that means any lay-off target can only expect a 'cozy arbitration' where his or her success forces a second arbitration - at much expense to the Board and Union - and even a third under labour law until the appropriate lay-off victim is found... lots of luck with that routine.... In the Employee's Case, the arbitration favouring the School Board was quashed by the courts with the gerrymandered government arbitrator being ruled patently unreasonable.(He converted 16 new hires to read 16 lay-offs adding myself as the necessary 17th knowing full well that I was the only teacher laid off in West Vancouver in June of 1985.) I have been sitting in limbo for 32 years without any compensation having been paid which flies in the face of all law; whether it be the imposed BILL 35, the collective bargaining rules (which the School Board refuses to recognize as well as the B.C. Labour Board) or the general rules of contract associated with labour matters. Further, the B.C. Attorney General begged off of this case. In short, Canada is FUBAR for without credible courts of law, a country is nothing: PLACARD: CHINESE VISITOR / GEE, JUST LIKE AT HOME / COURTS OF LAW BUT NO JUSTICE
10) If fraud can be shown in your case, any lay-off under those conditions is null and void. That is the importance of disclosure which, for 32 years in the Employee's Case, the courts have repeatedly refused to order the production of the West Vancouver School Board's copy of the minute notes of June of 1985 meetings on BILL 35 and my lay-off (where no causal factor was shown according to the court) returned to them by the court. The Union purloined my copy as the lawyer that I had hired (to replace the Union lawyer) returned my copy to the Union as opposed to me when he resigned from this case. The Union refuses to turn over this copy of that disclosure. From arbitration testimony, it was clear that rampant fraud characterized my lay-off.
11) As an ADDENDUM, the anti-employee media is a spent force similar to our courts of law. Publish what you will but do NOT contact me with questions or for photos (SEE website).