MESSAGE: This account appears on employeescasecanada.ca 2019
1) Why are we not firing teachers
in Ontario? asks O.S. columnist
Jerry Agar p.15 based on other Union workers disciplined for
evasive practices including 'Friday and Monday' absenteeism to an abnormal
2) As a permanent teacher in West
Vancouver, I was ousted in 1985, not due to absenteeism as I possibly had
the best attendance of any teacher (The Union asked me at one time to
donate my 'sick leave' - up to 200 days - to those chronically ill
teachers, which I did). No, my crime was far worse... whistleblowing in
which I got my own imposed BILL 35 (shades of
the imposed Carbon Tax) in an unresolved legal
matter in which no compensation has been paid for 34 years and counting due
to the malfeasance of over 50 judges. Justice Canada collapsed
under that load and merely awaits the likes of a Jerry Agar to inform the
public of that catastrophe (at the cost of his job!).
3) As a Supply Teacher in Ottawa
with 16 years experience in both my postings ending in 2004, I witnessed
the Friday-Monday sickness spike and methods used by administrators to
a) Lumping Supply Teacher costs
into Department budgets did have some savings as some teachers came to
school when they should not have. When some Administrative sharpshooter
decided to further cut that Department's budget the following year, the
teachers said 'to hell with it' and went back to the old model of
absenteeism foregoing photocopy costs (later re-instituted)
b) While I have always felt that
absent teachers should be paid 85% of salary, I have been told a 'Phoenix'
nightmare problem would ensue wiping out any savings in instituting any
such scheme. Some teachers consider these 20 days as a 'right' to be added
into early retirement. Savings accrue to the School Board in that a new teacher
replacing the retiree saves 50%.
c) Requesting a Doctor's letter for
Fridays and Mondays did not even get off the ground. Doctors are not
available on a single day's notice nor should one with a cold go to the
Doctor's Office as per medical advice (and unnecessary costs).
4) As to taking a day off, there
are pitfalls for teachers there as well. Returning from absence leads to an
increase in marking load and, in some instances (not me); the teacher found
all her stickers, equipment, etc. handed out willy
nilly by 'popular' supply teachers.
5) Currently, I do not recommend
that anyone take up the practice of teaching. Students in QC education
faculties are leaving in droves as are first year teachers. School
Administrators cannot get Supply Teachers. Similar to the modern
police forces with their 'priority policing' (I had a franchise installing
home alarms in the 1990's but that is another story); one cannot call on an
authority figure and expect decisive action. Teachers are alarmed at
increasing violence in the classroom and being blamed in the process for
those occurrences. Under those circumstances, expect a deluge of teachers
departing the profession.
I certainly could not survive in
the current situation for if I witnessed a serious infraction in the
classroom, I would call in the administration.(I see these current absentee
figures do not include 'stress leave'; something new in my lexicon.)
6) The major question raised by
Agar's column which is not answered is whom is going to replace all these
fired teachers? The Ford Government has suffered enough slings by acting
inopportunely on other topics merely making matters worse at a higher
reference the legal ON Labour Outfit run by guru Howard Levitt, whom, similar to
yourself, has been challenged to write on the biggest labour
fiasco - including the ON phase - in Canadian jurisprudence. You are both
frauds to that extent regarding your respective silences.
FROM THE ARCHIVES
which follows on the 23 page compendium to the Governor General
2019 JUNE 01-2019
TOPIC: IMPOSED CARBON TAX & the employeescasecanada.ca by
Plaintiff Roger Callow
2 pages sent by faxes
A) Premier Brian King PEI (fax)
(902) 368-4416 (sent - July 25-2019)
MB (fax) (204)
949-1484 (sent - July 25-2019)
Jason Kenney AB (fax)
(403) 251-5453 (not sent-July 25-2019)
Blaine Higgs NB (fax)
(506) 453-7407 (sent - July 25-2019)
to Premier Moe regarding the Carbon Tax by this writer went unheeded before
a Premier whom would bring a knife to a gun battle.
thesis is that elements within both the Liberal and Conservative Parties
want to make the Carbon Tax the issue in the October election and
have conscripted Justice Canada to that end sacrificing, in that process,
put, the wrong argument is being provided in such as SK and, no doubt, ON
of which decision is forthcoming shortly. Skip Sections #91 & #92;
focus on the ultra vires nature of imposed legislation. Alice and
Wonderland's 'First the Punishment and then the Crime' is the over-riding
concept e.g. Parliament before court oversight. The 3-2 split was
pre-ordained even before the judges entered the courtroom including the
only extant case on imposed legislation in Canada is the 34 year unresolved B.C. labour
case where no compensation has
been provided for in the economic lay-off (read that 'whistleblowing')
of senior West Vancouver teacher, Roger Callow in June of 1985 of which
arbitration favouring the Employer was quashed by
the court in 1986 for failing to show a causal factor. I was left in limbo.
The Employer refuses to pay compensation which is mine whether it be under
the imposed BILL 35 (B.C. 1985), the collective bargaining process, or
general terms of contract. While they lost the Appeal of this case as to jurisdiction
of imposed legislation, their
subsequent position is that they do not recognize oversight powers of the
judiciary even though BILL 35 specifically stated that it was 'in addition
to the School Act and did not supplant any provisions therein.' They used
it for the wrong reason, sniffed Southin j.
this case is heard prior to the Carbon Tax; there is little
likelihood that the above provinces will be successful. Even then, it will
be an uphill struggle. The last thing a Province should have is a
'conviction' on this level for it remains in perpetuity.
best legal argument is to be found in MB material (see web) where I await a
response from the court and Premier Pallister. I
have not used MB courts formerly. MB did make an offer to the Federal
government on the Carbon Tax which was ignored; a strong legal point but,
as the Employee's Case and others have shown, strong points go nowhere when
faced by such as retired Privy Council clerk, Michael Wernick..
p.1 only shown
1) Kenney is left out of this list of 3 as even Calgary businessmen
wonder where he is going with anything.
2) The most complete case lies in Manitoba (July 02-2019) against both the Employer & Union
3) If 'Slow Moe' of SK may be the most popular Premier, MB Premier Pallister is the most intelligent but will still get a
'3-2' court split against him on the Carbon Tax. In that regard, PE
Premiers King (case solely against Union for disclosure) & NB Higgs (unique fraud case against the
Employer's lawyer plus 'Saskatooney' Courts) will
be lucky to get one judicial vote.
4) As per the Employee's Case, Feds won't have to fulfill terms of
C.T. due to no oversight powers available.