The Director of Education for the Avon Maitland District School Board has released a statement saying a Stratford teacher will not face disciplinary action if he takes unpaid leave to go to the Netherlands.
However, Ted Doherty emphasizes in the release that a leave of absence will not be granted.
Rick Boon has been the subject of debate on whether or not the history teacher should be allowed to attend a ceremony in the Netherlands with his 90-year-old father. Art Boon fought in Second World War.
In today's release, it's stated that Boon was seeking to exercise certain rights to a personal leave of absence under the Employment Standards Act, 2000. But it also goes on to state concerns Doherty has, as to whether the particular request for leave is valid under the Employment Standards Act. And further, there is no case law that clarifies the purpose and meaning of the provisions in question.
Petitions and politicians have backed Rick Boon's request. Doherty has stated that a similar request was granted last year but was done with the mutual understanding that it would be the last one.
Boon's father, Art, was part of the Allied forces who stormed the beaches of Normandy on D-Day in 1944 and has been invited to the ceremony surrounding the 70th Anniversary of the Liberation of the Netherlands.
The release is in it's entirety below or you can view it by clicking on the link below.
Statement from the Director - May 1, 2015
Friday, May 1, 2015
STATEMENT FROM TED DOHERTY, DIRECTOR OF EDUCATON AVON MAITLAND DISTRICT SCHOOL BOARD
Seaforth, Ontario (May 1, 2015) - Late yesterday, I was advised for the first time that Mr. Rick Boon was seeking to exercise certain rights to a personal leave of absence under the Employment Standards Act, 2000. It is unfortunate that this request, with its supporting confidential documentation, was not provided to the Board much earlier.
Having reviewed this new request and this new information, I have decided to maintain my position and not grant a leave of absence. That being said, Mr. Rick Boon will not be directed to attend work next week. If Mr. Boon chooses to go to The Netherlands, we will sort out the legalities following his return. It should be clearly understood that Mr. Boon will not face any disciplinary action from the Board.
I would like to be clear as to why I will insist that this matter be revisited. I have very grave concerns as to whether this particular request for leave is valid under the Employment Standards Act. There is no case law that clarifies the purpose and meaning of the provisions in question. In granting this leave, I (and through my actions, the AMDSB) may be accepting an interpretation of the Act and setting a precedent that would apply not only to Mr. Rick Boon and our other employees, but equally to thousands of employees from across Ontario to demand and receive unpaid leave from their jobs to accompany their parents, their brothers and sisters and their children on recreational and other medically non-essential trips.
The Employment Standards Act, the Labour Relations Act and our Collective Agreement with the Elementary Teachers’ Federation of Ontario (ETFO) all anticipate disagreements between employers and employees about these very sorts of issues. They all provide for a process of orderly, rational, impartial third-party adjudication, so that everyone’s rights can be settled fairly in a timely fashion. Given the last-minute notice of this particular request, it is impossible to go through a fair hearing process before Mr. Rick Boon wishes to leave for The Netherlands. As stated. Mr. Boon will not be directed to attend work next week and, should he choose to go to The Netherlands, we, along with ETFO, will address the proper application of the Employment Standards Act upon his return.
In conclusion, despite the tensions that have unfortunately arisen in this matter, and most importantly, the AMDSB is proud to be associated with Mr. Arthur Boon. We remember and celebrate his achievements. We are very pleased that he will travel to Europe again to receive the recognition he so justly deserves.
Ted Doherty Director of Education