international school contracts


Does New Administration Mean Past Promises
Have no Validity?

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ISR recently received an email from, Lavinia Schlebusch, a teacher at Future at Bilingual School Kuwait. In her email, Lavinia explained she had returned to her home country for the summer months and soon after received an email from her school in which they requested her apartment key.

Lavinia soon understood the school was planning to move her out of her own apartment and into shared housing. The previous administration had provided Lavinia with a private apartment but, in her absence, the incoming administration was requesting she consent to a new arrangement and agree to live with a roommate in a different apartment. Lavinia protested and Future Bilingual International School countered with a notice of dismissal. Lavinia then contacted Dr. Spilchuk and the negations began. We have posted the major correspondences below. What would you do if this happened to you? See posted opinions

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August 20th - Lavinia Writes to ISR Asking for Advice:

Dear ISR,

Please can you help me with a query? In April I took up a position as a KG2 English Teacher for the privately owned Future Bilingual School in Fahaheel, Kuwait; owner Mr Ghazi Al Dabbous.

At the end of June I renegotiated my contract for a salary increase and reiterated my opposition to having a room mate and to shared accommodation. At the time I negotiated with my then Vice Principal, Mr Rob Brice Bruce and the owner's representative, Mr Kumar.

My salary request was agreed to as was the issue of me not having to share accommodations, I signed my contract and went on my summer vacation back to South Africa taking with me my key to my apartment.

I wrote back stating under no circumstances were they to enter my apartment and that the courteous thing to do would be for them to wait until I returned and then I would move to other teacher accommodations. They agreed.

However, they are now insisting that I resign myself to the fact that I'm to have a roommate and that it's a fellow South African and therefore I shouldn't have any trouble getting along with them and we can cozily share the space. This, despite my repeated objections to not wanting to share with anyone. I'm a 40 year old woman used to having my own space and running my own home.

In my current contract, concerning the issue of housing, all it says is that the "First party shall maintain free housing" The new director then said that if I insisted on not sharing I would need to fork out an additional 125 KD of my own money for private accommodation. This is the equivalent 443.999 USD a month.

My question is, what are my options?

I had a verbal agreement with Kumar not to share and now that has been pushed aside.

They want an answer from me by Wednesday to say I agree to shared accommodation before they will issue me with my air ticket. With hindsight I see I should have gotten the wording in my contract changed but I was still a newbie (to Kuwait and international teaching) and so took Kuma's word at face value.

I could do with some help and insight; please can you tell me legally where I stand and what I ought to do?

Thank you.
Lavinia Schlebusch

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Lavinia Receives a letter from Future Bilingual, Requesitng She Agree to the Terms of the Contract. Lavina Writes Back:

Dear Ms Rahal.

Good day to you.

As it is still Wednesday in my part of the world I feel my 'deadline' has not yet expired.

Be that as it may. According to the terms of my contract, I was to have my own accommodation. This was discussed at length with Mr Kumar.To which he agreed. I have Mr Rob Bruce as a witness to this.

Therefore this is not a case of my accepting or not accepting the contract. It is a case of you changing the terms of that contract.

Surely this is illegal in any country. I would like time to consult with legal experts in Kuwait before commenting any further on this matter.

To my mind, I am still expecting a ticket to Kuwait, separate accommodation and all other aspects of the contract into which I entered with the Al Faisel Establishment through Mr Kumar.

I am further more committed to the children whom I undertook to teach and to fulfilling my end of the contract.

The fact that I would be required to share with a fellow South African and that "therefore it wouldn't be too much of an adjustment", is not the issue. I was told I wouldn't have to share, period.

It is the school that has reneged on it's word to me, not I to it.

I will leave this with you till Saturday and await your response.

Respectfully Yours,

Lavinia Schlebusch
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Future Bilingual School Responds by Terminating Lavinia's Teaching Contract:

Dear Ms Lavinia,

As per my last correspondence, you were to confirm your acceptance or non-acceptance of the position with Al Faisel Educational Establishment by Wednesday; which is today.

You have not responded. Therefore, I will take this as you are not prepared to accept the conditions of the contract; especially in regards to accomendation.

I wish you the best in all your future endeavors.

Sincerely,

Hana Abou Rahal
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Lavinia and Debbie Dixon, the New Vice Principal of Future Bilingual, Correspond:

Dear Ms. Dixon.

You emailed me on Tuesday 28th of August 2007. (Following is a copy of your email)

“Dear Lavina,

In response to your email, the management would like to bring to your attention you are in breach of your contract, according to Article 9.

In Article 16 it states that you are entitled to “free housing” but it does not stipulate which type/size/sharing or non-sharing.

Regarding collecting your personal things as you indicated in your email please provide the contact details for the friend you mention to arrange collection before the end of August 30th.”

(from Debbie Dixon)

Upon receipt of this email I took it to read that was it. My dealings with FBS had come to an end and that we were to part ways with each other.

I was to email you with a list of my goods, provide you with contact details of the friend who would collect the goods and that this was to take place before the end of the month – this being today, the 30th August.

This is what I read into your email to me. By my reasoning it seems pretty clear to me what was conveyed.

In response I emailed you the following on the same day – Tuesday 28th August at 12H43 my time, which means you would have received it a little before 13H43 your time.

.....If that is the case then please explain to me why Mr. Kumar agreed to me having my own accommodation in the first place?

He said yes, in front of a witness - (Rob Bruce the previous principal). He even smiled when we shook hands and agreed.

Was that just a ruse to get me to sign a contract knowing full well that he never intended to honour the paper it was written on, or his word?

Because that's what it seems like. I can only assume from this that he is a liar and that this is standard operating procedure with him, and or, the management.

Please correct my assumption on this point with your logic, and explain this matter to me so that I can understand the workings of this man and the system.

I will be emailing you a list of all my goods to be collected and the contact details of the person who will be helping me remove my things.

Ms Dixon, I only hope you know what you have let yourself in for. If the management and Mr. Kumar can so easily show scant disregard for their contract with me, you'd best hope you never get on their bad side.

Because I can assure you, you too are indispensable. Just like Rob and Shirley Bruce were, and that when the time came, their contract was just as easily dismissed.

FBS, the management can only get away with doing this so much until word gets out how you treat staff and their contract with you. Already FBS is perceived to be a bit of a joke within the teaching community in Kuwait. And perception is everything.

If you value your reputation, you might want to think on the fact that you are judged by the company you keep.”
My email consisted of 3 parts – 1 to confirm that I would be contacting you with details of the person who would be collecting my goods on my behalf. 2, a more personal message to you. And 3, a request for a further explanation as to the behavior of Mr. Kumar? From my side, this email from me indicated that our dialogue had ended.

........Lavina
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Dr. Spilchuk has Been Working Behind the Scenes to Mediate the Situation. She writes to Lavina to Relate what Progress has Been Made.

Hi Lavinia

I've had contact from Debbie Dixon who is the new Assistant Principal of FBS. She indicated to me that the school would like to mediate the situation for you. These are the areas she has offered:

1. Teachers have the option of a surcharge to secure single housing. Was this made clear to you before you left Kuwait in June? If not, FBS is offering this condition to you so that you can secure single housing. (Note: The surcharge is 443.999 USD a month.)

2. Is there some issue with the airline tickets? She mentioned that you have a concern with the tickets they have offered to provide you.

I know Debbie Dixon personally. She is a highly ethical and collegial individual. She worked for me when I was in Kuwait and has just recently accepted the administrative position with FBS. They are very lucky to have her.

As a matter of note, Debbie has had to work through her own mountains in the Kuwait International School System, so you can be assured that she understands when there are extreme situations of unfairness at stake. I wonder if you might not be able to negotiate directly with her your issues of concerns. She seems very open to that suggestion. Would you like to try that route?

Cheers,

Barbara
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Lavinia Replies to Dr. Spilchuk:

“Dearest Barbara.

Thank you for your recent mail, re: the issue with FBS and my accommodation saga ...

Let me compile what correspondence I have had with her, Ms Rana and the school and send that to you, and then you can advise what you think may be the best route to take.

Of course I am open to mediation, I'm not unreasonable and at no point have I taken this thing personally - bar with Mr. Kumar who blatantly seems to have misrepresented the truth to me.

As I don't know Ms Dixon at all I will take your word on her integrity, and welcome the opportunity to have this resolved amicably.
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Without any Conclusion to the Incident or Further Correcpondence Future Bilingual Sends Return Air Tickets to Lavinia

Dear Ms Lavinia,

I am forwarding your ticket details to you. You just need to print out the attached itinerary and take it with you to the airport. We expect that you will honor your contract.

I will meet you at the airport and take you to the new teacher apartments.
Please let me know if you have any questions.

I look forward to meeting you.

Debbie Dixon
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Confused, Lavina writes to Debbie Dixon, concerning the flight tickets

I don’t wish to be pedantic but nothing has been resolved as yet. This is all a bit of a surprise to me, namely the speed with which you have responded.

I think you ought to have spoken to me first – or emailed me before going ahead with the booking. To, at the very least, see if it was convenient for me to travel on Saturday the 1st of September? Which, as it happens it isn’t. I was going on our previous correspondence and have subsequently made other plans for the coming week.

From my side the matter is far from resolved. I was going to ask Barbara to see all the correspondence and then decide how best FBS, you and I could forge ahead?

I’m sorry Ms Dixon; I need to know where I stand on this issue. Nothing has been said to me, I now feel that I need some assurances in place before I embark on any flight to Kuwait.

I realize you are just trying to do your job, and that you must have been thrust into the deep end with all of this. Please, at no time was this ever personal – bar my opinion of Mr. Kumar, whom I now find to be very unethical and wonder if anything he says can carry any merit with me again.

Be that as it may, I am trying to accommodate you and FBS, but I am also very adamant that I will be looking out for my own interests first, and that I will not be Shanghaied into any quick agreements, verbal or otherwise.

My main concern still remains the issue of single accommodation, as it was promised to me, but which we now seem to have a difference of opinion as to how the contract, or the wording and meaning thereof, should be interpreted.

I really do not wish to mess you around, and I do appreciate the tremendous pressure you must be under to get everything in place before school starts, but I’m not going to be pressurized into accepting anything unless we have all spoken. And by that I mean you, FBS and ISR as represented by Barbara.

I need to make a few phone calls, see what my feelings on the matter are, but above all I really do need to hear from ISR first. I will be in contact with you as soon as I have resolved my concerns and fears about this whole matter and my return to Kuwait.

I do appologise for any inconvenience I may have caused you personally.

But I equally feel that I have not been treated very well by FBS and I do not want a repeat of this saga, in any way, shape or form. Maybe you can appreciate my concerns, maybe not, but the fact remains I have some serious reservations about FBS and the conduct of the owner as to how he treats his staff.

With regards.

Lavinia Schlebusch
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Lavinia Writes Dr. Spilchuk Concerning the Air Tickets to Kuwait:

Dearest Barbara.

So much to tell you, but suffice to say there is still an impasse with FBS.

Briefly, the situation with the housing has not been resolved, they are not going to budge. And so I'm halfway there to accepting their decree to share as it seems as if I have no option.

This would not be my first choice.However a more pressing need has since arisen.

When I received the email from Rana telling me that since I had not accepted their terms they took it to mean that I was no longer interested in the position, and that they wish me well, etc, etc. At this stage thinking our relationship had been severed I then took on some other work.

As such I am busy this entire week and notified Ms Dixon of this. I cannot get out to Kuwait until the 13th as I've given my word to finish what I took on when I thought it was over with FBS and me.

The most recent email from Ms Dixon was to inform me that I need to be in Kuwait by the 5th as school starts on the 9th and that they simply cannot wait for me till the 13th. Implying I assume that if I do not agree to this our relationship is finally severed. I would be late by one week to take up my position.

Barbara, I'm just so tired of this whole episode. I'll send you the subsequent correspondence we've had and maybe you can make head or tails of why, where and how to proceed? I really do want us to resolve this ASAP and get on with the business of teaching.

Thank you for your advise and your very sage input.

Lavinia Schlebusch
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Lavinia Writes to the Principal who Witnessed the Agreement for a Private Apartment and Receives a Reply from his Wife.

Dear Lavinia

The saga continues!!! Like so many things, facts have been "fudged". You, Rob and I are all clear that Kumar promised you housing. In fact we made it a pre-requisite to you signing a contract. There is absolutely no doubt about his agreeing to the conditions. I was so pleased at the time that everything was signed and sealed.

Everything will be denied. Kuwait is in our minds like a bad dream that we want to sooner forget. I'm sure that you will stand no chance if you go to Kuwait. If I were you I would drop the whole issue. Your life in Kuwait would not be great if you returned. That, though, is my opinion. I would rather cut your losses at this stage. I think ISR have been fantastic but maybe it is time to quit.

Love, S
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Debbie Dixon, vice principal of Future Bilingual Writes to Dr. Spilchuk

Dear Dr. Barbara,

Thank you for your email and I appreciate your time taken in this matter. You know that I respect you tremendously and value our friendship.

Dr. Barbara, where has FBS gone wrong? How did FBS break any contract with Lavinia? Forget the company, forget the owners- where do we draw the line? Lavinia claims that she was promised her own apartment for this school year. This is not FBS's policy nor has it ever been FBS policy. Lavinia was interviewed on the same recruiting trip that numerous other teachers were hired. All of the other teachers are either sharing or paying the difference- with absolutely no problems.

FBS is not unique in offering shared housing- this is quite a common practice here in Kuwait. We are going through all of this because she is refuses to pay the charges for having her own apartment? No one entered her apartment, Dr. Barbara. I wrote Lavinia on August 13th advising her that we had new teacher apartments and asking her if it were ok for us to move her items or not. At this time, I was surprised to discover, that this teacher left without knowing when she needs to return to Kuwait for this academic year. This was August 13th!

Where is the professionalism or level of responsibility in not knowing when school will start or when you have to report! I informed Lavinia that teachers need to report by August 26th-- it is now September 4th and she is still not here. Throughout this entire process there have been repeated requests for Lavinia to indicate a date when she was prepared to return- she never did so. And now she informs us that she has taken other work, while having a contract with FBS, and can not report until after September 13th?

Lavinia wrote quite accurately that the weeks prior to school and the first few weeks of school are extremely hectic, but yet she does not see the importance of her being here??? Her colleges are here now-- preparing their classrooms and the school for the next school year. Everyone is working hard. Yet, Lavinia does not feel that she should be here?? She is not ill, she is not dealing with an emergency-- she is working another job. This is not a legal reason to be absent from your contracted position.

We are trying to organize and build an organization. We have not wronged Lavinia in any way- just the opposite. FBS paid her full summer pay- with August pay to be given her upon her return to Kuwait- for working about 6 weeks! This was a more than nice gesture on the school's part. Other teachers did not get this "deal". The injustice is not being done to Lavinia, but to the school. And now e wants to negatively effect the students that would be in her class??

Lavinia has taken another job, broken the confidentiality of the school, and has not reported to work as per her contract. The school has overmcompensated her for working about 6 weeks. We have upheld our end of the contract. Lavinia claims to have been promised something which is not in her contract and has never been the policy of the school. Again, where do we draw the line?

I have absolutely no problems with anyone reading any of my correspondences concerning this matter. I do not hide behind anything. I know that FBS and myself have acted professionally, morally, and fair. I am not "sticking up for the owners" or anyone else. I am being honest and fair. Unfortunately, ISR choose to publish a letter- with the name withheld- from someone who claimed to have been the director at this school last year. This is simply a lie. As I mentioned, there was no director at this school last year. I will not repeat the items that I mentioned in my letter to ISR-- I will simply say that if a person will lie about their position-- then I must call into doubt everything else that person may say.

Dr. Barbara, again, I respect you professionally and personally- and I will respect whatever action you chose to take in regards to this matter.

Debbie Dixon

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Debbie Dixon Writes to Both Lavinai and Dr. Spilchuk

Dear Lavinia and Dr. Barbara,

I would like to address this email among the three of us. I have decided to write this as an upfront and honest communication between the three of us. As you are aware, the whole administration team here at FBS is new. The owner brought in a new team because the last set of administrators failed miserably at running even a half-way decent school. Lavinia, you had to be a witness to this. No leadership, no direction, no teams, no curriculum, no accountability-- simple things like filing student enrollment folders were not accomplished. I dont know how teachers left for the summer without knowing when they need to be back! Favoritism ran wild. Unqualified teachers were hired and paid higher salaries than certified teachers with years of experience. There was no consistency in any aspect of the school. I have spent all summer meeting parents to convince them NOT to withdraw their students from the school. Additionally, I have met and interviewed most of the students who are re-enrolling.. and I am simply shocked. As it stands now, we have more new students than old students.

A couple of my fellow teachers from my old school were offered positions by the old administration here at FBS. They were told that the accommodations were sharing.. and a one elected to pay the 125KD difference to have his own apartment. We also had six new teachers come from South Africa- one has chosen to pay the difference to have her own apartment (she is a single mom and has her son with her).

Lavinia, I am sorry that you thought that you would have free single housing. I really am. I am sorry that you are going through this stressful situation. At the same time, we need to be fair and consistent. Its FBS policy, and the prevailing practice in Kuwait, to provide teachers with sharing accommodations. The teachers are very happy with the new apartments. They are two bedroom, two bathrooms.. they are good size and literally right across the parking lot.. so they are very convenient. Lavinia, I would suggest to you to come and share. The lady you would be sharing with is also from South Africa. She will be teaching third grade at the British school next door. She is very nice and the apartments are set in such a way that you easily will have privacy. You will have your own bathroom and I think you will be comfortable and happy. There are four apartments on the floor and they are all FBS teachers-and all these teachers are from South Africa.

Lavinia, I believe that you will like to be a part of the FBS staff this year. There is a new Academic Director.. she is in charge of all three schools- Future, British school, and the Arabic school. She is super terrific. She is extremely professional, fair, consistent, and simply a very nice person. I am thrilled to be working for her.

We went ahead and got the ticket for you in the hopes that you are coming. All teachers reported last week and next week starts the official orientation week. And as I mentioned, there are a lot of changes taking place. Its extremely important that you are informed about the new policies, procedures, and culture of the school. Next week is a very full week for all of us. Teachers will be having in-services on everything from lesson planning, new textbooks, curriculum, and of course, policies and procedures.

Lavinia, again I am sorry for all of this misunderstanding, but again, I hope you chose to come and be part of the team.

Regards,
Debbie Dixon
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Dr Spilchuk replies to
Debbie Dixon, vice principal of Future Bilingual

Hello Debbie

I've been away and off line so I was quite surprised to see the amount of correspondence that has occurred between yourself and Lavinia. I can't say I'm unhappy with that situation, however. When 2 people can work out a situation without mediation, that is far better than a third party stepping in.

I really like the tone of your letter, Debbie. You haven't changed one bit. I continue to have high regard for you. this letter has a very conciliatory and welcoming message to Lavinia. FBS are very lucky to have you.

I do understand about changing administration. The problem Lavinia has, and one that I am having, is that apparently she was promised single housing from your school last year. A changed administration does not change that situation.

I'm actually surprised that a school of international calibre would not provide single housing to a teacher. It is not an easy thing to uproot oneself and relocate to work in a new country without the support of family and friends. To also be expected to share with an unknown party, from the same country or otherwise, simply adds to that stress.

Lavinia came at the end of the year, my understanding of the situation. She was, again, my understanding of the situation, not informed when she left for the summer vacation, that her apartment would be entered while she was away and that another individual would either move in, or that her belongings would be moved out to a new locale. If this had happened to me in any of the international venues where I whave orked, I would have felt quite violated, so I absolutely understand Lavinia's concern about this situation. This, then, is the crux of the problem.

There needs to be a give and a take here. I do understand about fairness and justice, but fairness and justice is certainly situational. In this circumstance. I would think it might be reasonable for FBS to negotiate single housing with Lavinia for at least 1/2 of the coming school year. The mess caused by admin changeover should not impact Lavinia as this was certainly out of her control. At the end of the 1/2 year, Lavinia should be given the option to pay the subsidization to remain in a single unit.

This is my best advice. It offers fairness for Lavinia, while also taking into account that other teachers are living by different rules. Fairness does not always mean same, however. Fairness depends upon the specific circumstance and a given situation. While I understand a new administration wanting to make wide swathing change, teachers cannot become chaff from the wheat during the chaos of new change.

You know me, Debbie. Would I have allowed anything like this to happen to any staff members at my school? The answer is, quite simply, not in this lifetime. See what you can do to mediate this situation so that there is a win-win-win all around. Right now the win would be for FBS...and the children would be the greatest losers of all with an unhappy teacher in the classroom.

If I can be of further assistance Debbie, or Lavinia, please do come back to me once again.

Cheers
Barbara
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Lavinia is S
till Undecided

Dearest Barbara.

Received your last 2 emails and must thank you for the response of humour, insight and common sense.

I haven't received anything from them as regards your email to Ms Dixon.

Okay, I'm onto it. Was going to give them 1 day to respond, they haven't and now I'm writing my letter.

I will request a ticket confirmation for a flight on 13th, there and back!

I certainly do not want to get there and then be stuck with no return passage and I'm afraid my faith in the system is such that I fear they may well pull such a stunt.

And, or, a request to have my goods boxed and sent over to me in South Africa in the event that they refuse to uphold their end of the contract - brilliant idea from the Editor. All hail Saint Ben!

Let me draft it now and might I send it to you to proof read?


Regards.

Lavinia Schlebusch
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Dr. Spilchuk Advises Lavinia to Request Her Belongings

Hi Lavinia

Right on. Silence from Debbie indicates the school is not willing to negotiate further. She was the soft center with an in to me but has decided to support the school policy. Too bad.

Write the email now requesting that your things be shipped at the school's expense to South Africa. It is clear that the school has no intentions of honoring your contract. Indicate to Debbie Dixon that you have clarified the communication recently between Rob, yourself and Kumar with Rob so you know you did not make an error in your understanding. Also indicate that you believe you did not misinterpret the first intent to dismiss, the reason why you got a temp position, thus were unable to return to Kuwait before Sept 13.

Make the email short and sweet. No long details as everything has been said and misunderstood many times over already.

Cheers
Barbara



Tell Us What You Think
We'll compile the results and publish them

If you were Lavinia which of the following would you do in the same situation ?
 

Accept the shared housing rule of the new administration and return to Kuwait
Stand your ground and insist you keep your apartment.

Is it fair that an incoming administration refuses to honor promises made by the past administration, even when it is clear that the promises of the previous administatin are in effect and being honored?

Yes it is fair that the new administration refuses to honor past promises. They didn't make them.
No, a teacher is entitled to the benefits agreed to when hired

If Lavinia had returned to Kuwait do you think she may have encountered a similar situation to that of Katherine Phillips?
  Yes
No
What is the lesson to be learned by this episode?
 

Always get agreements between you and your school in writing. Things change unexpectedly.
Always get agreements between you and your school in writing. Not everyone has integrity.
Always get agreements between you and your school in writing. This will avoid misunderstandings.
All of the above

Please add any comments below