FRAUDULENT & INVALID LAYOFF
2
By indicating a false reason for a layoff,
SD#23 Lied on a Government Record of Employment (ROE)
SD#23 Committed Employment Insurance Fraud
School District  Fraud + Theft + Lies = Malfeasance
Stage a Fake Layoff & Wrongful Dismissal
By indicating a false reason for a layoff, SD#23 falsified a Record of Employment & committed EI fraud
SD#23 Lied & Falsified a Record of Employment to 
Below is an excerpt from the SD#23 falsified 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 & invalid layoff which SD#23 used to block Custodian Fisher from achieving regular employee status with benefits. The Union was told it was due to a shortage of money

Yet even before the so called layoff took effect SD#23 asked Fisher to work uninterrupted at his posting doing the same job, but SD#23 would not count the days he worked towards attaining regular employee status. SD#23 forced Fisher to work 196 days of probation, when only 65 days of probation were required. Dishonest of Akehurst to say Fisher did not work enough probation days.

This was a fraudulent & invalid layoff since there was no shortage of work and there was no shortage of money.

The layoff was fraudulent, invalid, null & void, the days Fisher worked
did count towards his regular employee status
                   Fisher did attain regular employee status                       
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 Alan 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 the Record of Employment was
falsified when SD#23 entered "A", code for a shortage of work. Akehurst responded that,
SD#23 lied, since there was no shortage of work .

By indicating a false reason for the layoff, SD#23 lied & falsified a Record of Employment (ROE) & committed Employment Insurance (EI) fraud. SD#23 then used the invalid, null &
void & fraudulent layoff to block Fisher from reaching regular employee status with employee
rights & benefits, which he legally earned after almost 2 years of employment & working
196 days of probation when only 65 days of probation were required.                          
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 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 School District #23 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 benefits.

Fisher worked 196 days of probation when only 65 days were required to reach regular employee status with 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 shortage of money
& 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 #23 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.
In 1996 School District #23 arbitrarily disbanded the 10 full time relief custodians. The
Union grieved School District #23 disbanding the f/t relief and the Arbitrator ruled in favor
of the Union  and ordered School District #23 to reinstate 7.5 full time relief custodians.
In retaliation School District #23 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 School District #23 following the direction of the Arbitrator to reinstate the full time relief custodians.
Below is a School District #23 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. School District #23 deceptively used the need to meet budget requirements as the reason to defy the Arbitrator's ruling to reinstate f/T time custodians.

Then School District #23, 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 School District #23 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.
SD#23 Lied & entered false & misleading information
on the Canadian Government ROE
Since Custodian Fisher served the
65 days of probation, actually worked 196 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
pages  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20
Sept  8 / 98
SD#23 Lied
The Government found that SD#23 did make false statements on Fisher's Record of Employment but not knowingly.
Hogwash. SD#23 Akehurst admitted that he knew in advance that claiming a shortage of work was a lie. Akehurst 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
There was more than enough work for Fisher.  SD#23 did have the money to pay him.
SD#23 Falsified the ROE
SD#23 used fraud to lay Fisher off.
( takes a few moments but worth the wait)

(ROE) RECORD OF EMPLOYMENT
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.”
Alan Akehurst says there
( takes a few moments but worth the wait)

Click on          above to PLAY
>
>
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 (money).
F But then they hired on the next day which means there was funds (money).
SD23 Ya.
The March 11/99 meeting transcript below
F = Fisher Speaking SD23 = Akehurst Speaking  
Akehurst
Director Human Resources
SD#23's claims against Fisher are groundless & fabricated.
SD#23 colluded & conspired to discredit Fisher.
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 falsified the reason for issuing a ROE the layoff was thus invalid & null & void
**********
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.


Alan Akehurst malfeasance is far more severe than his reason for dismissing
Fisher & should have been cause to fire Akehurst for gross misconduct.
Obviously Akehurst didn't learn... you should never do indirectly & illegally what you're not permitted to do directly & legally such as the falsified ROE statement, fraudulent layoff, denial of regular employee status & wrongful dismissal.
Legally Fisher earned regular employee status with benefits on July 24 / 98.
Akehurst confirms that SD#23 falsified Fisher's ROE & used
a false statement as the reason for a fraudulent layoff
By indicating a false reason for a layoff,
SD#23 falsified a Record of Employment & committed EI fraud
It was illegal for SD#23 to Falsify information on the ROE.

When SD#23 Falsified the Record of Employment (ROE) & the reason for the layoff, SD#23 Committed EI fraud.

When SD#23 engaged in fraud, such as Falsifying a Record of Employment, it was liable for a penalty of up to $12,000 for each administrator involved.
Defrauding the Employment Insurance (EI) is a Serious Offence
Volume
Volume
Alan Akehurst
Alan Akehurst
was no shortage of work
It was a sinister, deceptive & fraudulent layoff
perpetrated by the Administrators of School District #23.
The moment that School District #23 recalled Custodian Fisher to work, the so called layoff
was canceled. The false reason given for the layoff rendered the layoff invalid, null & void.

Fisher could not be recalled as a casual worker with the days worked not counting towards his
65 day probation period. An Arbitrator ordered Fisher's posting to be 8 hrs/day 12 mth/yr to
which Gwen Johnson made the defiant comment that the Arbitrator's order would be short lived.
In otherwords SD#23 had no intention of abiding by the Arbitrator's order.

The 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.

Furthermore, the School District violated the collective agreement by wrongfully dismissing
regular employee status Custodian Fisher for the reason "lack of general suitability".
SD#23 gave Arbitrator the finger
An Arbitrator ordered Fisher's posting to be full time 8 hrs/day 12 mth/yr to which SD#23
Gwen Johnson defiantly commented that the Arbitrator's order would be "short lived".
In otherwords SD#23 had no intention of abiding by the Arbitrator's order.
SD#23 did just that, it Lied & Falsified a ROE to stage a Fake Layoff
reducing the posting to part time 4 hrs/day 10 mths/yr.