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Thailand
-The Rest of The Story |
After a confrontation with one of the family members over this particular incident I was asked to leave the school......As a result the school was raided by the police and four teachers were taken to jail........The school offered about half of the legal minimum and said if I did not accept their offer they would have me arrested for writing a review and posting it on the International Schools Review web site. |
The most troubling issue for expatriates is the enforcement of unusual laws. I speak of laws that are totally opposite to Western standards, particularly regarding the exercise of free speech. Unknowing, expatriates can inadvertently find themselves in jail should they speak freely about a Thai person or business. While Thailand seems, on the surface, to be a very friendly country, it sometimes is not. Laws regarding speech are abused on a daily basis, particularly amongst politicians. The laws in Thailand that cover libel and slander are routinely enforced in both civil court and in criminal court. The strange thing is you are decidedly not free to speak the truth in Thailand, as I learned the hard way. My wife and I came to Thailand as missionary teachers and after our first year I was hired as Principal for Keera-Pat International School, Bangkok; a start-up international school. The school had a wonderful newly constructed physical plant and the owners professed a sincere desire to teach only in English, with the exception of the government required Thai language and culture class. They also expressed a desire to foster the teaching of morals and ethics. At first glance it seemed like a dream job. That feeling, however, lasted only a short time. Keera-Pat International School is located in a suburban area of Bangkok and has fresher air and a little less traffic than many areas of the city. It is advertised as a Pre-K through G-12 American curriculum school. As such, it is seeking accreditation from the American Western Association of Schools and Colleges. As conceived, Keera-Pat International School has the potential to be a great school among the many in Thailand that are not. Unfortunately, due to mismanagement Keera-Pat International School will probably never reach its potential and simply go the way of many Thai international schools, becoming nothing more than a diploma mill. I was hired early in the school's conception stage as Headmaster/Principal. All went quite well until we opened the doors for students in September 2005. Our plan was to begin with Pre-K through grade 4 or 5. We actually opened with classes through grade 6. A problem then arose when the owners refused to authorize the hiring of teachers until we had what they considered a proper number of students. We actually opened with one teacher responsible for grades 3, 4, 5, and 6; an impossible task. The owners of this school have a background in residential development and the manufacturing home alarm systems. They, however, have no experience in education, educational systems, or the variations in curriculum required to meet the needs of students. I was the only one on board with any experience in Western-style education. Although there is a school board, it exists in name only. There was never a meeting with all the members present and to complicate matters the majority of the board do not speak English. In addition, most board members are part of the family that owns the school and they all work in the school office. This created an untenable situation because although I was at the head of the organization, the board members made all the decisions rather than use the chain of command. The owners promised many things to the Western staff, but delivered nothing. Teachers were promised non-immigrant visas and work permits. The school instead took them to Cambodia monthly to get new tourist visas. If there are no work permits, or proper visas, the school can avoid paying the income taxes they deduct from each employee. I was the only one there with proper documentation. As you can imagine, there were many problems at Keera-Pat International School. The end of my career at the school came when I discovered a teacher high on dope sleeping on the floor of the 4th grade classroom; during class! After a confrontation with a family member over this incident I was asked to leave the school. I had demanded that the teacher be fired and the family member refused. That brings me to the conflict between truthful statements and Thai Laws. Subsequent to my departure I posted a review on the International Schools Review web site. I had turned in my work permit. During a discussion with the Ministry of Labor I was informed that employees with titles are protected under Thailand’s Labor Laws. At their suggestion I sued the school for either the contractual amount they owed me, or to be paid the amount as prescribed in Thai Law. There were also comments made about the school not having proper documentation for its Western employees. As a result the school was raided by the police and four teachers were taken to jail. The school paid enormous fines and penalties. They were in Labor Court during the same period to answer my complaint. Under Thai Labor Law, the parties in question must first go to mediation to try and settle the issues. The school refused to mediate. After four tries at mediation the judge decided to make demands that we settle. I asked for a nominal sum of about half of the lawsuit figure. At first the school offered nothing. Then the judge said she would rule in my favor if they did not participate. At that point the school offered about half of the legal minimum and at the same time said if I did not accept their offer they would have me arrested for writing the review and posting it on the International Schools Review web site. I was stunned and asked the judge if it was possible. She informed me that under Thai Law a person can be convicted both civilly and criminally for libel. It matters not that the information posted is truthful. The school also made demands that I have the posting removed from the ISR web site; that I write a letter of apology, and that I write a letter to WASC extolling the school's virtues. Against my better judgment I did what was agreed to in court. Fortunately for me, I had included my name and email address on the review I sent to International Schools Review and thus they we able to confirm my identity and assist me until I was safely out of Thailand. An interesting side note is that the school has yet to accept the letter of apology, and so far have required that I rewrite it four times. Now they want to write it themselves and have me sign it. And, they still have not paid the judgment. In fact, the last time we were due in court they didn’t even bother to show up. The school leaders have bragged that all they have to do is pay the right people and they will be okay. The Bangkok Post has run an article in the past stating that only one expatriate educator has ever won a case in Thailand. I still have hopes that I will be the second. Many Thais are quick to point out that Thailand belongs to Thais, and that foreigners do not need to come here, work here, or buy Thai products, and they are right. But it is in the Thai's best interests to get their house in order and be foreigner-friendly. Thais need to consider some honest soul-searching about their history, and their future. Foreigners are watching Thailand and grading its ability to maintain basic services, properly educate its people, follow the rule of law, and protect worker and human rights. Does Thailand have the will to impose justice on people of influence, money or power, who have wronged people for personal gain? While the report card is still out, it does not look encouraging to those who are caught up in the corrupt system. |
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