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ALTS: A Case Analysis   1 What should Kelly and the other Alternative Language Teachers (ALTs) do now?
In the spirit of good faith, Kelly, Suzanne, and Mark as disgruntled employees should still try and communicate with their head supervisor, Mr. Higashi. Furthermore, pursuant to their rights under Art. 11, 12 and 17 of their employment contract, which was presumably drawn up and issued in North America, as drawn from the facts given in p. 693 of the case, they should refuse to sign any documents offered to them by the accountant or any manager, supervisor, or officer of their officer for that matter.
In the unfortunate case that Mr. Higashi still refuses to cooperate and will stand firm in his disregard, Kelly, Suzanne, and Mark may opt to approach the host institution—that is, any other officials of the same level or even higher than that of Mr. Higashi most immediate to their situation, both administratively and geographically.
In case recourse to the host institution will also prove to be futile, Kelly, Suzanne, and Mark may approach the Council of Local Authorities for International Relations or the CLAIR. The CLAIR may intervene when grievances between the JET participants, the ALTs in this case, and the host institution remain unsolved. In fact, in order to respond directly to the JET participant’s needs, the CLAIR has utilized the help of foreign coordinators.
Specifically, Kelly, Suzanne, and Mark may bring up their rights as employees as specified under Arts. 11, 12, and 17 of the employment contract. Art. 11 provides the employee with a right to paid leave. Sec. 1 thereof provides that during the period of the employment and with the approval of the supervisor, the JET participant may use 20 days of paid holidays individually or consecutively. Sec. 2 of Art. 11 provides for the procedure for the use of this paid leave.
Art. 12 of the employment contract provides for the special holidays available to a JET employee. Sec. 1 of the article specifically provides for sick leave, defined as the “period of serious illness or injury resulting in an acknowledged inability to work.” Moreover, Art. 17 of the employment contract provides for the procedure for applying for sick leave. It is stated therein that the applicant for sick leave should apply and receive consent from his/her supervisor before availing of such leave, but in the case that the JET employee cannot make such application beforehand, notification should be complied with as soon as reasonably possible. Sec. 2 provides for the rule that in case such sick leave shall last for three or more consecutive days, a doctor’s certificate is required to be presented to the supervisor.
Here, Kelly fully complied with Art. 17 of the employment contract. In fact, her act of providing Mr. Higashi with a doctor’s certificate is a surplusage considering that she took only two days off and not three as required under Art. 17, Sec. 2.
It also bears stating that both Art. 11 and Art. 12 are voluntary and ...