SCHOOL DISTRICT #23 MALFEASANCE
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Legally Fisher earned regular employee status with benefits on July 24 / 98.
FRAUDULENT LAYOFF
Below is an excerpt from Revenue Canada's A12150189 Record of Employment, Box 16 in which SD #23 entered "A" which is code for a shortage of work, yet in the March 11/99 meeting (above) Akehurst stated that there was no shortage of work, hence the FRAUDULENT LAYOFF which prevented Custodian Fisher from accumulating days to achieve regular employee status with benefits. Before the layoff took effect SD #23 was asking Fisher to work during the layoff doing the same job, but the days worked would not count towards getting regular employee status. Obviously this was a fraudulent layoff as there was no shortage of work and there was no shortage of money.
Below is a section from a newsletter that Principal Buckley of Westbank Elementary School
issued to staff. It confirms that there was no shortage of work, contrary to
SD #23 entering "A" code for shortage of work in Box 16 of the layoff record of employment
illustrated on this page..
Below are excerpts from a March 11/99 meeting between Custodian Fisher and SD #23 Human Resource Director Akehurst who recorded the conversation. Fisher had to get the Freedom of Information Commissioner to force SD #23 to give him a copy of the recording and transcript.
At the March 11/99 meeting Fisher pointed out to Akehurst that on the RECORD of EMPLOYMENT SD #23 entered "A", code for a shortage of work. Akehurst responded that, SD #23 lied, as there was no shortage of work and no shortage of money. SD #23 set up a FRAUDULENT LAYOFF which SD #23 then used to block Fisher from reaching regular employee status with employee rights & benefits, he rightfully earned after almost 2 years of employment.
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Principal Buckley to Staff
THANK YOU....YOUR VISIT IS APPRECIATED
Through the BC Freedom of Information Commissioner, Custodian Fisher obtained the hours that full time relief custodians laid off, worked during the layoff period between July 1/98 and Sept 7/98.
It appears from the hours obtained from School District #23 that all full time relief custodians laid off, worked uninterrupted throughout the entire layoff period between July 1/98 and Sept 7/98.
Yet School District claimed on Custodian Fisher's Record of Employment, the reason for the
layoff was a shortage of work & shortage of money ! Not only that , but the School District hired all of the custodians, supposedly laid off back on immediately to work full time during the fake layoff.
It is apparent that the School District was LESS THAN HONEST in subjecting Custodian Fisher to a FRAUDULENT LAYOFF that resulted in Fisher working but not having those days count towards the 65 day probation, blocking him from achieving regular employee status with health benefits.
Revenue Canada's Record of Employment (ROE) is an important document which affects workers unemployment claim benefits etc. Below Revenue Canada made School District #23 aware that it is an offence to make a false statement as School District #23 has done in Box 16 by entering "A"... code for shortage of work when there was no shortage of work or money and when on July 1/98 it recalled the workers laid off, yet on July 10/98 in Box 14 entered a false recall date of Sept 8/98 on the ROE. $12,000 fines could be handed each SD #23 Administrator that knew of the false entries.
The School District supplied the following list of hours that custodians including those laid off, worked during the layoff period. All Custodians laid off worked full time during the entire layoff period July 1/98 to Sept 7/98. So much for a shortage of work as entered on the record of employment by School District or a shortage of money. THIS WAS NOTHING BUT A FRAUDULENT LAYOFF using false information given to the Government & Union.
The School District laid Fisher off then recalled him to work during the layoff period because of a shortage of workers and too much work, thus he acquired 65 days of probation entitling him to regular employee status which prevented SD #23 from using general unsuitability to fire Fisher under the Collective Agreement. To add insult to injury, the School District blocked Fisher from accessing health benefits he & his family desperately needed.
In 1996 the School District arbitrarily disbanded the 10 full time relief custodians. The
Union grieved the School District disbanding the f/t relief and the Arbitrator ruled in favor
of the Union and ordered the School District to reinstate 7.5 full time relief custodians.
In retaliation the School District went against the arbitrator's ruling and laid off the 7.5 reinstated to 8 hour relief custodians and cut them to 4 hours per day 10 months a year.
Below is the letter from the School District following the direction of the Arbitrator to reinstate the full time relief custodians.
Below is a School District letter contemptuously defying the Arbitrator's directive to reinstate the full time relief custodians by reducing them to only 10 months a year
and 4 hours per day. The School District deceptively used the need to meet budget requirements as the reason to defy the arbitrator's ruling to reinstate full time relief custodians.
Then the School District, even before the ink dried, was asking those very same laid off relief custodians to work during the layoff period which they did work. The need to reach budget requirements was a lie since all custodians worked all summer with pay.
Since the School District recalled all the laid off custodians because of the amount of work, the layoff was canceled. The recall voided the layoff, making it a sinister, deceptive and fraudulent layoff of Fisher, perpetrated by the administrators of School District #23.
Below in block #14 of the government Record of Employment form, School District entered a recall to work date Sept 8/98. Yet 9 days before this ROE was completed School District was asking the laid off workers to stay on the job and to work the entire layoff period. This is another example of School District #23 providing false information to the Canadian Government !
The moment that School District #23 recalled Custodian Fisher to work, the layoff was canceled. Fisher could not be recalled as a casual worker with the days worked not counting towards his 65 day probation period. His recall was automatically back to the position of full time relief custodian with days worked counting towards his probation period, therefore Custodian Fisher reached regular employee status on July 24/98 covered under the collective agreement, entitling him to full benefits including dental coverage. Furthermore, the School District violated the collective agreement by Firing Custodian Fisher for the reason of lack of general suitability.
SD #23 enters false & misleading information
on the Canadian Government ROE
Since Custodian Fisher served the 65 days of probation, he reached regular employee status covered by the Collective Agreement under which he could not be fired for general unsuitability as Akehurst lists in this letter dated April 30/99 shown.
Sept 8 / 98
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Sept 8 / 98
NOTE:
The Government found that SD #23 did make false statements on Fisher's Record of Employment but not knowingly.
Hogwash. SD #23 has knowingly been playing this paper shuffle for years to prevent workers from reaching regular employee status with benefits.
In a March 11, 1999 meeting SD #23 Director of Human Resources Alan Akehurst admits that SD #23 had work & money.
<<<Click to Hear Fisher
Akehurst confirms that SD #23 lied and made false statements on Fisher's ROE as the reason to fraudulently layoff Fisher.
There was more than enough work for Fisher. SD #23 did have the money to pay him.
SD #23 was fraudulent in laying off Fisher .
( takes a few moments but worth the wait)
For all Correspondence related to SD #23''s wrongful dismissal of Fisher click Letters
(ROE) RECORD OF EMPLOYMENT
Penalties for employers
It is illegal for SD #23 to provide false information to HRSDC. If SD #23 falsifies Records of Employment (ROE) or misrepresent earnings, the reason for separation or hours worked, SD #23 is committing an offence.
If SD #23 engages in fraud, such as falsifying a Record of Employment, it is
liable for a penalty of up to $12,000 for each administrator involved.
Defrauding the Employment Insurance (EI) is a Serious Offence
In wrongfully dismissing Custodian Fisher, SD #23 was "malicious, high-handed, outrageous, reckless, wanton, entirely without care, intentional, deliberate, callous, disgraceful, willful, exploitative and in disregard of Fisher's rights and indifferent to the consequences.”
Hear SD #23 Director, Alan Akehurst state in his own words that there
was not a shortage of work
( takes a few moments but worth the wait)
Click on above to PLAY
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Anglican Judas Priest Akehurst
needs to atone for past malfeasance
F And the record of employment shows a shortage of work.
F Which indicated "A", code "A" which means a shortage of work.
F To me that's false because there was no shortage of work.
F There was a dire need for custodians over the summer.
F Westbank Elementary is a prime example, they didn't have enough people.
SD23 This is for the June 30th layoff right.
SD23 In terms of shortage of work.
SD23 There isn't a there isn't a shortage of work.
SD23 What there is, is a shortage of money to pay for the work.
SD23 So when we lay some..we don't lay people off usually
because we don't have work for them.
SD23 it's what we're looking at is a budget constraint which is
why those layoffs took place.
F But then they want to hire me on the next day.
SD23 So ya but before I deal with that okay just with this form
(Record of Employment).
SD23 We will always put on the form shortage of work.
SD23 The shortage of work is caused by a shortage of money
not because there isn't work to be done.
SD23 So that is why that (shortage of work) would be on the form.
SD23 There isn't something else to say... employer ran out of money
F But you see when the Government looks at this they figure it constitutes fraud.
F There is a place down here (on the form) a comment section which that can be explained.
F That there is not a shortage of work that there is a shortage of funds.
F But then they hired on the next day which means there was funds (money).
SD23 Ya. (Akehurst confirms that SD #23 set up a fraudulent layoff by making a false
statement (lied) on the Government of Canada Record of Employment)
The March 11/99 meeting transcript below
F = Fisher Speaking SD23 = Akehurst Speaking
Judas Priest Akehurst
Director Human Resources
Alan Akehurst - former SD #23 Administrator
Is Now an Anglican Priest
SD #23's claims against Fisher are groundless & fabricated. SD #23 colluded & conspired to discredit Fisher.
SD #23's claims against Fisher are groundless & fabricated.
SD #23 colluded & conspired to discredit Fisher.
J. A. Dixon
J. A. Dixon
I AM AWARE THAT IT IS AN OFFENCE TO MAKE FALSE ENTRIES AND HEREBY CERTIFY THAT ALL STATEMENTS ON THIS FORM ARE TRUE
... signed by Alan Akehurst's SD #23's department knowing that the entry was false. SD #23 misrepresented the reason for issuing a ROE by using a false & misleading reason. The layoff was thus null & void.
In the eyes of God, Akehurst’s position as Priest will not be valid or legitimate until he takes full responsibility for his evil and criminal acts, asks Fisher for forgiveness and works to rectify the damage which he has caused Fisher and the school district.
In the eyes of God, Priest Akehurst must ask Custodian Fisher for forgiveness
before Akehurst's position as an Anglican Priest will ever be valid or legitimate.
Click on Send a Protest Message to SD23
Click on Send a Protest Message to SD23
Click on Send a Protest Message to SD23
Click on Send a Protest Message to SD23
Click on Send a Protest Message to SD23
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Judas Priest Akehurst
Alan Akehurst
Akehurst's reason for the dismissal without cause was that Fisher did not get along with the school Principal & Head Custodian, yet, Akehurst accepted the Principal's lies & distortions of events & the Head Custodian's on the job tyranny.
Any number of the above Akehurst evil & criminal acts, are far more severe than his reason for dismissing Fisher & should have been cause to fire Akehurst for gross misconduct. Akehurst was/is dishonest & delusional.
Akehurst's reason for the dismissal without cause was that Fisher did not get along with the school Principal & Head Custodian, yet, Akehurst accepted the Principal's lies & distortions of events & the Head Custodian's on the job tyranny.
Any number of the below Akehurst evil & criminal acts, are far more severe than his reason for dismissing Fisher & should have been cause to fire Akehurst for gross misconduct. Akehurst was/is dishonest &delusional.
Obviously Akehurst didn't learn... you should never do indirectly & illegally what you're not permitted to do directly & legally such as the false ROE statement, fraudulent layoff, denial of regular employee status & wrongful dismissal.
