Severance Pay for Teacher

[MrPatrickThai]

My buddy has been a teacher at the same school for 14 years and is leaving at the end of the year(Xmas) due to being harassed/bullied for pointing out some corruption at management level. It is a government school.

 

Does a school only have to pay severance if he is fired, or can he get anything from the school?

[lemonjelly]

If he’s leaving of his own accord, I doubt it.


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[ozmeldo]

No chance.

 

If they fired him under multi year contract only.

 

[Rhys]

He knew... govt school... 

[certacito]

13 hours ago, MrPatrickThai said:

Does a school only have to pay severance if he is fired

 

Yes, if he is terminated then he would be due severance. Unless the school manages to fire him for any of the below reasons.

 

In addition according to art 119 LPA, as amended by LPA-No2 of 2008 (art.18), severance shall not be paid by the employer if the dismissal was the result of a serious misconduct of the employee.
(The LPA lists the following cases:
"(1) performing his/her duty dishonestly or intentionally committing a criminal offence against the employer;
(2) willfully causing damage to the employer;
(3) committing negligent acts causing serious damage to the employer;
(4) violating work rule, regulation or order of the employer which is
lawful and just, and after written warning having been given by the employer, except for a serious case with no requirement for the Employer to give warning.
(5) absenting himself/herself from duty without justifiable reason for
three consecutive working days regardless of whether there is holiday in between;
(6) being sentenced to imprisonment by a final court judgment")

[certacito]

10 hours ago, ozmeldo said:

No chance.

 

If they fired him under multi year contract only.

 

Totally incorrect!

[Rugon]

10 hours ago, ozmeldo said:

No chance.

 

If they fired him under multi year contract only.

 

These contracts are considered full time employment. See a lawyer.

[Rugon]

2 minutes ago, certacito said:

(4) violating work rule, regulation or order of the employer which is
lawful and just, and after written warning having been given by the employer, except for a serious case with no requirement for the Employer to give warning.

This could something trivial such as not refilling marker pens. Basically they could make anything up, that's why a lawyer is important. 

Also, an employee doesn't have to accept a warning letter. This could be contested in court.

[Big Guns]

If he resigns he wont get severance. If his contract is terminated (which includes non renewal of a fixed term contract) then he will qualify for severance. As he's been there for 14 years he is eligible for the maximum amount which is 10 months salary.

[BurgerGung]

FWIW, the Labour Court won't hear cases against government entities. So he would have to 

 

i. file with the regional Administrative Court

 

and

 

ii. pay 2% of the amount claimed (which he will get back if he doesn't succeed).

 

iii. Bring his own translator, although they have attorneys. 

 

Hope he has been documenting the bullying painstakingly!

[certacito]

1 hour ago, BurgerGung said:

FWIW, the Labour Court won't hear cases against government entities. So he would have to 

 

Do you have a link to this? I can't find any reference to it.

[dinsdale]

On 11/1/2018 at 7:55 PM, MrPatrickThai said:

My buddy has been a teacher at the same school for 14 years and is leaving at the end of the year(Xmas) due to being harassed/bullied for pointing out some corruption at management level. It is a government school.

 

Does a school only have to pay severance if he is fired, or can he get anything from the school?

management, corruption, school, severance pay 

[Rugon]

On 11/4/2018 at 7:22 AM, certacito said:

 

Do you have a link to this? I can't find any reference to it.

He won't, as it is nonsense.