ISR recently received an email from Lavinia S.,
a teacher at Future Bilingual School in 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. Now, in her absence,
the incoming administration was requesting she consent to a new arrangement
and agree to live with a roommate in another apartment. Lavinia
protested and Future Bilingual 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? You'll get a chance to voice
your opinion at the close of this article. 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 roommate
and to shared accommodations. At the time, I negotiated with my then
Vice Principal, Mr Rob 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.
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 sharing 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 accommodations. This is the equivalent $443.99 USD a month.
My question is, what are my options?
I had a verbal agreement with Kumar (witnessed
by the Principal) 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 return
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 Kumar'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 S.
____________________
Lavinia Responds
to Future Bilingual School's Request that She Move into Shared Housing:
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 (previous principal) 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 furthermore 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 its word to me, not I to it.
I will leave this with you until Saturday and await your response.
Respectfully Yours,
Lavinia S.
____________________
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 accommodation.
I wish you the best in all your future endeavors.
Sincerely,
Hana Abou Rahal
____________________
Lavinia and Debbie
Dixon, incoming 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)
Dr. Spilchuk
has Been Working Behind the Scenes to Mediate the Situation.
She Writes Lavinia to Share 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 from ISR editor: the surcharge is 443.99 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
____________________
Lavinia Replies
to Dr. Spilchuk. Yes, She would like to see the Situation Mediated:
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.
____________________
With no Conclusion
to the Incident or Further Correspondence, 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
____________________
Confused, Lavinia
writes Debbie Dixon:
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 apologize 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 S.
____________________
Lavinia Writes
to update Dr. Spilchuk:
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 S.
____________________
Lavinia Writes
the Previous Principal for Confirmation of her Private Apartment
Agreement,
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 prerequisite 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
____________________
Debbie
Dixon, Writes Dr. Spilchuk, explaining that the School
has Acted Fairly in Requesting
Lavinia Accept Shared Housing:
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 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 cannot
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 colleagues 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 she 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 overcompensated
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. (Editor's
Note: Future Bilingual does
not have a director. The term used by the school for their top tier
administrator
is, "Principal". The term "Director" was used to help disguise
the author's identity and make clear his/her administrative
level at the school).
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
____________________
Debbie Dixon
Writes Lavinia and Dr. Spilchuk with a further explanation:
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 up front 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 don't 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 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. It's
FBS policy, and the prevailing practice in Kuwait, to provide teachers
with shared 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 Direct or.. 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 choose to come and be part of the team.
Regards,
Debbie Dixon
____________________
Dr
Spilchuk Replies to Debbie
Dixon Expressing Her Dissatisfaction:
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 caliber 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 have
worked, 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
____________________
Lavinia
is Still
Undecided.
Dearest Barbara.
Received your last 2 emails and must thank you for the response of
humor, insight and common sense.
I haven't received anything from them in regards to
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, (I will make) 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.
Let me draft it now and might I send it to you to proof read?
Regards.
Lavinia S.
____________________
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
____________________
