Constructive dismissal

[CrunchWrapSupreme]

I wouldn't be so hard on him. In my time here I've seen some excellent teachers let go (not had contracts renewed) for various reasons, other than their teaching ability. If for some reason they want you out, you rubbed someone the wrong way, etc., they'll find some excuse. Same when I was in sales back in the States, back in my younger days. The reasons I've seen here have been:

 

1) A CV happened to fall on the desk of the director or HOD, of someone younger, more attractive, or with a more impressive background, but not necessarily any better.

2) The teacher was too good, too outgoing, connecting too well with students, and making others look bad.

3) A prominent Thai teacher had implemented a project that got screwed up. The farang stepped in to fix it. This brought to light the screw up, which of course is a huge no no.

 

Worrying about your job security here, along with worrying about adapting to the culture, among other things, has a huge impact on morale.

[Scott]

Some time ago, we had a thread about a teacher who went to court for severance and received it.  Unfortunately, I can't find the thread.  I did keep a link to it, but unfortunately, I got a new computer and don't have it, but I will keep looking. 

 

I have always advised anybody who has questions about their termination to go to the Ministry of Labor.  I have also been at hearings (they usually get assigned to the local education office to be resolved).  

 

Our contracts run concurrent with the school year, regardless of when you start.  So, if you start in the middle of the year, you will not have a full year contract.    They all end on or about the last day of school.   About 3 months before the end of the school year, I meet with the Director and some of the admin to discuss contract renewal.   At that time, a decision is made about who will stay and who will go.   It also gives me a chance to put up a little fight for people whom I think are worth retaining.  It also gives me a chance to explain why some teachers aren't performing as well and what we can do to correct it -- an example is a teacher who taught English, but was a mathematics major. He wasn't very good at English, but he was retained and was outstanding in Math.  

Shortly after decisions have been made, I would give out an intent to renew the contract form to all the teachers.  This was there opportunity to let us know if they wished to remain or leave.   If they indicated they did NOT want to stay, it was considered as an official resignation.  

Before handing the form out, I would meet with all the teacher's who were not going to get a new contract and inform them.   I told them they would get the form and suggest that they might want check 'no', but it was up to them.   I did this because it is very embarrassing to go through the office banter and chatter about what you will be teaching next year only to find out you won't be teaching.   Most teachers just checked 'no' and told their colleagues they were moving on.   A few put up a fight, checked yes, and then were given a formal letter notifying them that the contract would not be renewed.   Some of these went to the MOL, but it never resulted in anything.  

The director strongly objected to my informing teachers of the non-renewal on the basis that the teacher would not work very hard.  I always did it over those objections because it's the right thing to do, it gives people a chance to look for employment, etc.   I also told them that completing their work satisfactorily would reflect well on them should future employers call.  

[puchooay]

5 hours ago, kynikoi said:

 

What if the school simply tells the court notice was provided?

Written notice.

 

As you can see from Scott's most recent post. He provided documents for signature. They were issued after a meeting 3 months before end of contract. Some teachers put up a fight. Went to court and failed. Why? Because Scott adhered to the labour laws, had documented proof and sought teacher's acknowledgement of notice being given.

[Big Guns]

I'm the teacher that took an international school to court & won severance for 10 years service. They offered reduced benefits after I became a Thai citizen so I refused to sign the contract. There is a Supreme Court precedent about a group of expat teachers in Pattaya who won a case against an international school for non renewal of contract. I posted it here before. Unfortunately constructive dismissal isn't covered by Thai labour law. See out the contract & if it isn't renewed take them to court.

[kynikoi]

13 hours ago, Big Guns said:

I'm the teacher that took an international school to court & won severance for 10 years service. They offered reduced benefits after I became a Thai citizen so I refused to sign the contract. There is a Supreme Court precedent about a group of expat teachers in Pattaya who won a case against an international school for non renewal of contract. I posted it here before. Unfortunately constructive dismissal isn't covered by Thai labour law. See out the contract & if it isn't renewed take them to court.

 

Thank you. Clarifies much.

 

Ten years service 

 

International school.

 

Not > Public school Nakon Nowhere

 

Thai citizen*

 

13 hours ago, Big Guns said:

constructive dismissal isn't covered by Thai labour law.

 

Thank you.

 

[puchooay]

1 hour ago, kynikoi said:

International school.

 

Not > Public school Nakon Nowhere

Makes no difference. You are working in Thailand with a work permit. You are covered by MoE regulations.

 

That clarifies much.