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Disciplinary Process

Discussion in 'Employment Contracts' started by Hey_ewe, 30 Jul 2014.

  1. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    A friend and colleague of mine has had his contract terminated, no letter, just verbally told don't come in tomorrow! His contract runs until the end of May. The background is that there was an incident, where a student was injured, receiving a very minor superficial injury, not even a graze. My colleague states that this was a complete accident, however a Thai teacher who disliked him decided to stir things up. There was no formal investigation, no interview or disciplinary hearing, yet he's been sacked.

    What processes should the school go through, when disciplining and terminating the employment of a foreign teacher? Are they potentially opening themselves up to a severance pay claim?
     
  2. ramses

    ramses Well-Known Member

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    how long has he been there?
     
  3. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    Approximately 18 months
     
  4. bahn_farang

    bahn_farang Well-Known Member

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    With respect to all parties, consult the law books but will a fight lead to criminal proceedings? There are my two cents.
     
  5. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    I know TiT but surely there must be some form of evidence and supporting paperwork when someone is dismissed? From my understanding these matters are dealt with in civil courts, but I'm going to suggest he goes to the labour office as a first port of call. Whatever the case I'm just interested to know if there is procedure that should be followed.

    I would also want to make sure that, if in the future, a teacher did something very serious, that they would be fairly investigated and dismissed, so that there wasn't any come back on the school.
     
  6. po3try

    po3try Well-Known Member

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    can he prove it was an accident? what does the kid say? if not, its him v the school, and we all know who will come off worse.

    crap scenario, and i've seen it myself. this foreign teacher had been there many years. threatened with scissors by a student, a scuffle. teacher was given leave and never came back. i think they negotiated a mutual parting..

    unfair or not, my thinking would be to get the f*** out of there without drawing more attention to it.
     
  7. ramses

    ramses Well-Known Member

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    yes

    as there happened to be an assault on a student, I am not sure any paperwork is necessary. despite a lack of transparency, i don't think the school operated outside the labour law, and even if they did, the courts likely won't see it that way.
     
  8. GanDoonToonPet

    GanDoonToonPet Well-Known Member

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    First thought is that he is screwed if he works for a G school. Not even the self-serving, corrupt & incompetent Ministry of Labour is stupid enough to sue the self-serving, corrupt & incompetent Ministry of Education; by all accounts.

    If he works for a private school then it's a different story, unless he works for one of the self-serving, corrupt, profit driven, incompetent & 'sperm of the devil' private schools.

    Most of them settle out of court, especially the SS; they're famous for it. :smile:
     
  9. Stamp

    Stamp Administrator Staff Member

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    Often government employment contracts have the next paragraphs in them.

     
  10. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    I think he's pretty much decided to walk away, a real shame because he's a nice guy, a hard working teacher and he will be missed by a lot the kids. I think his main concern is keeping his good name and I am sure it must be very frustrating to be accused of something and have no opportunity to defend yourself.
    I know the kids involved very well and I am sure there is nothing malicious on their part, however the Thai teacher has taken the opportunity to stick the knife in!

    It's bad enough being on one year contracts but this takes it to a whole new level!
     
  11. Clown

    Clown Well-Known Member

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    Well, was this a government school?

    Does the teacher have a contract?

    I guess this is during the probationary period, meaning the teacher is SOL. A school can say "leave now - and don't come back" during the first 3 months...

    In this present environment, the teacher should get another job pdq.


    A termination is of such importance that some written notice would be customary. why not call an English speaking attorney at the Administrative Court of the large city nearby? (Region 3 or whatever).

    - - - Updated - - -

    Oh, ahh - 18 months at the same school?!? The next question will be whether there was gross misconduct.

    Accidents happen.

    I would take the school to court, demanding severance pay and a proper written notice & termination letter in the contract language.

    They charge 2% of the amount claimed as a fee and require copies of the corroborating paperwork. Hope he will have all ducks in a row. (Some Thai schools believe they can do anything. They never encountered resistance. Or have been sued for embezzlement of a foreigner's salary)

    If it's a private school, then there will be Labour Court. It's free. but outside Bangkok he might want to bring an interpreter
     
  12. evl

    evl Active Member

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    If it was genuinely an accident, the child involved said it was an accident and he was liked at the school, then you can be sure that this would not be happening. One of those 3 things seems to be amiss. Possibly the last one with some extra help from the aforementioned Thai teacher. If the dismissal came from the school director, he can't appeal to anyone higher at the school and it seems unlikely he'd be warmly welcomed back even if things were ironed out. I don't know how he'd do in trying to claim compensation, but so far it sounds like his word against the student's unless there were other witnesses - if there were, that should have resolved the problem earlier.
     
  13. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    Yes, the problem is definitely the Thai teacher. The school however have not shown themselves in a very good light, they've dealt with it an extremely unprofessional manner.
     
  14. Mister T

    Mister T Retired, fat and happy

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    It is definitely a them and him situation. If them don't like him, then them don't care how good him is, them will not back down now unless him can get some parents behind him.
     
  15. Hey_ewe

    Hey_ewe Thread Starter Well-Known Member

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    To make it worse a Thai teacher was accused and admitted smacking a young student, the student left the program, no action taken against the teacher!??
     

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