Dear Editor,
Many readers may still recall the situation concerning “on call” teachers in 2012/2013 (see The Daily Herald, May 15, 2013). What came to light afterwards was that the then Minister of ECYS [Education, Culture, Youth and Sports – Ed.] had an issue with a teacher, who according to “her judgment” was “too often” on sick leave in the first half of 2012. The minister, however failed to get all her facts straight. The minister did not consider the seniority (43 years) and the track record of the individual.
* 1970-1978 (in Cur 8 years): Teacher’s degree, hoofdakte and several courses in teaching and dealing with students who have learning and behavioral challenges; (late bloomers specifically)
* 1978-2013 (in SXM 35 years): Various primary and secondary schools. General academics/theoretical teacher.
* 1992-2010 (in Pointe Blanche prison 18 years): Teaching inmates and prison guards multiple subjects, especially Pre-GED and GED for certificates. Social projects and humanitarian activities.
The above is not to justify, put anyone on the spot or sugarcoat any activity/inactivity from my end but solely to describe what happened and let it be back in the news in 2018, five years later.
In 2006, suddenly. I was hit by a heart attack that took me to Martinique for surgery. The specialist there could not give me any guarantee but I returned to the classroom. However in 2010, I was advised to stop with the prison work as it was taking a toll on my health, which I did reluctantly. Early 2012 my health took a step backward whereby I was not feeling well and even feared for my life. To make matters worse my youngest sister unexpectedly passed away. The family was going through a rough time as three more members died during that time. Once you have been at the edge, you know what it is …
The first benefit
Already having passed the pensionable age and experiencing health issues, my mind was made up that 2012 would be my last year of work. Not willing to sit down I was preparing to do something for myself privately. In the meantime the specialist at SMMC changed my medication which resulted in a major improvement of my health. Which up to this day I am very grateful for and see it as a great benefit. Health is wealth. Contributing to my health was also my diet change. What an enormous breakthrough!
August 2012, you can imagine my surprise, when the director of Public Education showed up on my doorsteps requesting me to return to school for one more year. I was to start the following morning (Friday) but I told her that was too abrupt as we had just returned from Curaçao for the funeral of my mother Mrs. Hyacinth Mathew-Smith. In any case I started the following Monday, at the same school, same position, same classroom but new sixth graders.
I never expected that this last-minute job acceptance would be the start of an arduous battle for my rights and wages. I was placed on “on call” while being every day on the job! Great support was received from most school colleagues, other well-wishers and especially WITU. It’s a pity, but same could not be said of the ombudsman. Is it only for high-profile cases, institutions or persons?
To all parties involved, the Landsbesluit 2011/2012 and explicitly art. 12, was pointed out. It states in essence: Previous work agreements continue when there is no written contract and employers and employee (stil zwijgend) agree to prolong the work relationship. Such agreement cannot be altered without previous consent by both parties. Both the teacher and WITU were arrogantly ignored! How great of an insult to our intelligence can this be!
At that time it looked as if our battle had reached a brick wall. Not giving up, however, was the only way to go. Behind every wall there is a wide open space.
The second benefit
Not to my surprise this time, knowing my self-worth and not being a powerless, the Divine Intervention, also called “The Law of the Universe”, intervened on my behalf. It was not a rejoicing matter, but because government fell, another Minister of EYCS was sworn in. Pending matters for WITU, including the “on call” system, were dealt with.
For us this was another great benefit and I thought that everything was back to normal, after having received rectified outstanding wages for 2012/2013. I give profound appreciation for this positive change of events.
Eradicating the consequences of this bogus “on call” system
Fast forward now to 2018. You can imagine my unpleasant surprise when the Tax Dept., apparently in their right, presented me with an enormous tax assessment for 2013! There is never a dull moment, always challenges waiting around the corner. Important is to never give up. A new battle was on to fight the consequences of this fictitious “on call” system.
If the 2013 tax assessment is not challenged this tax payer would end up paying double the amount he already paid in 2013. This whole situation needs to be rechecked and reevaluated.
Fact is:
- Landsbesluit 2011-2012 is valid.
- Teacher worked the whole year 2012/2013.
- “On call” system here not legal.
- Net pay + retroactive payments for 2012/2013 according to landsbesluit: 2011-2012 were valid.
- Calculation errors were made with late payments, no payments and lump sum.
- Statute of limitations is in play? For this taxpayer?
- Compensations for legal advice and “wettelijke rente”?
Not telling anybody what to do, we expect the Dept. of Finance to be able to locate the document in which the net pays were calculated and subtracted from the gross payment, leaving the rest for taxes and premiums.
Bottom line is that there is nothing wrong with an “on call” system on its own as long as it is implemented legally, transparently and fairly for everybody. Dr. M.L. King Jr. said: “Injustice anywhere is a threat to Justice everywhere.” SGI President D. Ikeda said: “Mistakes are a great educator when one is honest enough to admit them and willing to learn from them.”
We are all connected and are one human spiritual body. When I hurt someone else, in reality I am hurting myself. Do not believe or create boundaries, but unity. Let’s stick to our own field of work and not be judgmental. (Schoen maker blijf bij je leest.)
“It is important to have a sufficiently elevated life-condition so that you will be able to calmly accept whatever happens in life, striving to put challenges into proper perspective and solving them with a positive attitude.”
“It’s valuable to look for the strengths in others – you gain nothing by criticizing people’s imperfections. In fact, it is helpful to take a step back for even a moment each day and try to consider the feelings and positive qualities of others of whom we are critical.”
Dear editor, with this I want to thank you and looking forward to the third benefit, which is right around the corner. The next breakthrough is about to happen.
You are what you think (believe), and you think as you are (believe)!
Leopold Fitzroy (Roy) Mathew
