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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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 Posted: Mon Jul 11, 2005 12:54 pm Post subject: NOVA teacher wins dating lawsuit against his employer |
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Former Nova Teacher Wins Court Decision
A 48-year old Australian former teacher at Nova has won his lawsuit against the major language school operator, who fired him in 2001 for socializing with a female student in contravention of his contract. According to the Asahi.com website, the Osaka High Court recently ordered the company to rescind its disciplinary dismissal of the teacher and pay him �1 million in compensation. The teacher had been seeking �5 million, claiming that the dismissal was a human rights abuse.
According to the findings of an earlier trial at the Osaka District Court last December, the former teacher had been socializing with a female student since 2000. But the following year, the student complained to Nova that the teacher had turned up at her home, leading the school to fire the teacher. The district court ruled that a comprehensive ban on socializing was not socially acceptable, but that as the teacher had reportedly telephoned the student repeatedly, the contract clause could be upheld. The teacher appealed that decision to the high court. In June, the presiding judge advised a settlement, which was reached on July 4. In a statement, Nova said, "We don't have a practice of forbiding all socializing between teachers and students, and we think the first court decision recognized the propriety of our regulations. The woman and the former teacher have already reached a reconciliation, so we see no need to consider with the court case." |
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cevanne
Joined: 03 Mar 2005
Posts: 36
Location: Osaka, Japan
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| Posted: Tue Jul 12, 2005 1:40 pm Post subject: |
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In a statement, Nova said, "We don't have a practice of forbiding all socializing between teachers and students, and we think the first court decision recognized the propriety of our regulations. The woman and the former teacher have already reached a reconciliation, so we see no need to consider with the court case."
What a load of doo doo. I just got in trouble today because a student gave me their email address. His friend has a recording studio (and I am a singer - this came up in a voice class) so we exchanged info. Also keep in mind that they student knows that I am extremely happily married and definitely not interested in anything other than a professional relationship. An unknown 'someone' must have reported me and an AAM actually showed up at my school today to chastise me about it. They actually told me to be careful because my 6 month renewal was coming up and I wouldn't want anything silly like that to interfere with it. Luckily I am a smart monkey and have read several posts on the illegality of this - and thus am not worried a bit. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Tue Jul 12, 2005 3:01 pm Post subject: |
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| cevanne wrote: |
| An unknown 'someone' must have reported me and an AAM actually showed up at my school today to chastise me about it. They actually told me to be careful because my 6 month renewal was coming up and I wouldn't want anything silly like that to interfere with it. Luckily I am a smart monkey and have read several posts on the illegality of this - and thus am not worried a bit. |
What they dont also tell you is that many of these AAMs and trainers are actually married to former NOVA students, some have girlfriends who were former students but they dont allow new people to meet students and socialise, even with members of the same sex or of different generations.
If they threaten you with non-renewal you should thank them for doing you a favor, and putting you out of your misery. |
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Nicedog777
Joined: 22 Jun 2005
Posts: 35
Location: Japan.
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| Posted: Tue Jul 12, 2005 5:05 pm Post subject: |
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| Yikes....and I was considering NOVA, too.... |
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cevanne
Joined: 03 Mar 2005
Posts: 36
Location: Osaka, Japan
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| Posted: Tue Jul 12, 2005 5:54 pm Post subject: |
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| If the singer thing works out, I just may Paul H! Most of the time I have nothing bad to say about Nova. Disorganized, and bureaucratic, but mostly harmless. Decent pay for an easy job. But today I was irate. They tried to threaten me essentially and I hate that kind of BS. |
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PAULH
Joined: 28 Jan 2003
Posts: 4672
Location: Western Japan
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| Posted: Tue Jul 12, 2005 7:49 pm Post subject: |
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| Nicedog777 wrote: |
| Yikes....and I was considering NOVA, too.... |
Don't let me put you off... NOVA has its faults but it's the 500 pound gorilla when it comes to employing foreign teachers. Over 4000 foreign staff on its payroll in Japan and the largest employer of foreigners apart from the JET program. Its not perfect but a lot of people are working there despite the b-i-tching and complaining. It is big, it is bureaucratic but for the average newbie its the place where most people get their start here and if you are in the US, almost the only game in town.
For more info
http://www.vocaro.com/trevor/japan/nova/level_up.html
Last edited by PAULH on Tue Jul 12, 2005 8:16 pm; edited 1 time in total |
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J.
Joined: 03 May 2003
Posts: 327
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| Posted: Tue Jul 12, 2005 8:04 pm Post subject: Bugged? |
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| Have you considered that your classroom may be bugged? Yeah I know it sounds extreme, but it's happened here. |
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nawlinsgurl
Joined: 01 May 2004
Posts: 363
Location: Kanagawa and feeling Ok....
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| Posted: Thu Jul 14, 2005 1:04 pm Post subject: |
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Ignore the hell out of your AAM.
I'm near Tokyo and EVERYONE here socializes with students. EVERYONE! I was afraid to say hello to a student at my last school, if I saw them on the train. My first week here there was a house party with all of my coworkers and half the students of our big ol school. The AAM and AT were there also. So I don't even think twice about socializing. No ones had any problems at my school b/c everyone does it...and has done it and had their contracts renewed for YEARS.
Also maybe another student told on you. Students can be extremely jealous, so don't give info out in front of another student that you DON'T want to socialize with. They may be the person going to tell on you.
Socialize by all means! I'm happily married and some of the best times, parties, and sightseeing in Japan, my husband and I have done with Nova students. They pay a lot of money not to be able to enjoy your company outside of class.
And sadly, most of the time-they just want a friend to speak English to.  |
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ntropy
Joined: 11 Oct 2003
Posts: 671
Location: ghurba
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| Posted: Thu Jul 14, 2005 2:08 pm Post subject: |
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| Quote: |
| Have you considered that your classroom may be bugged? Yeah I know it sounds extreme, but it's happened here |
I have friends who taught at GEOS, where their classes were being monitored on CCTV without the teacher(s) knowing. |
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cevanne
Joined: 03 Mar 2005
Posts: 36
Location: Osaka, Japan
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| Posted: Thu Jul 14, 2005 6:56 pm Post subject: |
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| Yah, I'd sorta planned on generally ignoring them. I agree that the students pay alot of money to go to NOVA and at branch you quickly become friends with them because you see them everyday. Of course they want to see you outside of the classroom! They ask about teachers that change schools or go back to their country of origin. As long as you're not scooping students I think there's nothing wrong with it. Unfortunately they're not quite so easy going about the socializing at my school and the AAM is definitely NOT hanging out with students, and neither are the AT's. However, I know other teachers do it, but keep it on the down low. I thought I had been careful but I will just have to be more careful! Another teacher told me that perhaps even the student mentioned it in passing not knowing they were causing me trouble. |
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Miyazaki
Joined: 12 Jul 2005
Posts: 635
Location: My Father's Yacht
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| Posted: Mon Jul 18, 2005 12:21 am Post subject: |
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You're looking for huge problems with NOVA and schools like BERLITZ.
Stay away, stay away.
Or - use them for a work visa.
Scummy, Scummy, Scummy.
These schools are run and managed by SCUM. |
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Doglover
Joined: 14 Dec 2004
Posts: 305
Location: Kansai
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| Posted: Mon Jul 18, 2005 1:03 am Post subject: |
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| Miyazaki wrote: |
You're looking for huge problems with NOVA and schools like BERLITZ.
Stay away, stay away.
Or - use them for a work visa.
Scummy, Scummy, Scummy.
These schools are run and managed by SCUM. |
Miyazaki,
I am not a NOVA employee nor am I a defender of the company by any means but the above comment is not very constructive. NOVA has its faults but there are far worse companies out there. Some of them are listed in the stickies of this column and I will also mention ZIAC/Zenken as well. of which I have just had a look at their contract.
NOVA for better or for worse, is required to abide by the Labor Standards Law, which means it has to obey Japanese labor laws. There are exceptions and loopholes where it sees fit to ignore the law such as anti-fraternisation policy (which is sporadically enforced depending on the branch and individual manager) and the payment of health insurance for full time employees. These are still areas that are considered problematic. Do you realise you get paid holidays because the union got them for you?
Just like there are scum employers, there are scum employees, those that dont have much of a work ethic, have a me-first mentality and are willing to break signed contracts that they themselves have agreed to (which the often sign before reading and dont know if they are joining a rogue company or not) and "jump ship" as soon as they have got here. Do employers here really need such unreliable and flakey people working for them? Here in my opinion are some of the more positive points of NOVA for the newbie:
Can be hired from overseas with needing to speak a lick of Japanese
Get a job in japan where you dont need to speak the local language.
Full sponsorship of one's visa
Interviewed in your own country in English by a Japanese company.
Transportation paid for.
Someone to meet you at the airport when you arrive
Liveable salary and financial assistance provided in the first month
Clean apartment without the need to pay upfront key money
Basic insurance provided (though union now says NOVA has to provide Social health Insurance by government)
Basic training provided in use of materials
You get what you are promised in the contract, which by and large applies to provisions in the Labor Standards Law.
No unlawful fines or penalty clauses.
A fair idea of your salary, work hours, and location. Not their fault if you actually discover teaching is actually WORK, considering all you do is sit and CHAT to people all day. What they pay you is not much but you work far less hours than some Brazilian working in a car factory in Aichi, sharing 6 to a room and working 6 days a week.
NOVA is not perfect, they have been around since 1981 and now have about 4000 foreign employees a majority who though they complain like hell, still put up with their jobs. Its just a vocal minority that get on the Internet and squeal like spoilt children about how hard done by they are.
They even managed to survive the crash of the bubble economy in the 1990's when many companies (TOZA, AmVIC) went under. Part of the reason they have these rules in place is you have these 'rogue' employees who treat their jobs like a holiday camp, a part time casual job and take no responsibility for their actions, or they soon discover what real work means after four years of university. I see a lot of whining and moaning about NOVA on these forums but its mainly from young, Just-off-the-boat people who have never held a full time job before, or have never worked in a foreign country, and think that NOVA owes them a living. They treat their jobs liek some kind of cross-cultural dating club, where they feel paying students are their private property that they can date seduce and bed as they see fit. NOVA students are your employers business clients, not your personal property and NOVA will get rid of you before they will lose their customers. You can easily be replaced.
NOVA is not there to entertain you, and there are far worse companies out there that you can work for. My advice is for new people to develop a bit of spine and a work ethic and actually appreciate how lucky you are that you can work here despite having no formal skills and qualifications when you arrive.
You want to know what SCUM is?
Here are some conditions in a recent contract i saw:
Teachers are not considered employees of the company but are independently sub-contracted i.e. they become self-employed but hire themselves out to the company. This means you are off the companies books and they dont have to pay things like health insurance, unemployment insurance, bonuses and if things go wrong at your clients workplace they pull you out and replace you with someone else. there is no accountability by the client or the employer. Sh-t rolls downhill as they say.
Such employees have to pay a "deposit" at the beginning of their contracts whcih they get back if they complete the contract
Contracts as short as 90-days, with the possibility of non-renewal.
Clauses that place the onus on the "employee to find replacements or substitutes" and penalising you if the performance of the subsitute blows up in your face, causing "trouble" to the company.
Illegal fines and penalties, some forcing "employees" to pay compensation of up to 2 months salary, which is ILLEGAL.
Bonuses based on popularity, performance and skill. Not necessarily illegal but based on rather vague criteria on what consitutes good teaching. As long as you keep client happy and students like your lessons you will get a bonus. Whether its the same as good and professional teaching is another question altogether.
vague criteria on leaving jobs or handing in notice. The person I spoke to was being penalised even though he handed in two months notice for "causing trouble" to the company though resigning one's job is quite LEGAL in Japan. At NOVA all you need is two weeks notice and you will be replaced tomorrow.
If you quit your job they keep the deposit and seek compensation or a refund of the "commission" they have forwarded you. Company keeps its money and you work for FREE. NOVA at least pays you on time every month as long as you are not late for work, dont get arrested and dont sleep with students. Do your job and you will get paid, like clockwork. Can't do much better than that.
Like I said, NOVA is not perfect but if you want to see real SCUM companies i have a whole list of them. NOVA is not bad by comparison, and is only considered that way by people who have never worked for other companies, and simply believe all the negative press they read on the Internet by spoilt and disgruntled employees with an axe to grind against a manager or trainer that they didnt like. |
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