Anserw to the questions in the essey form to the case study sick leave - Essay Example

What should Kelly and the other ALTs do now? Kelly, Mark and Suzanne are in Japan under the JET program. The three are doing fine at work, although the Japanese colleagues have a different opinion on the matter. They are regarded as persons who are not committed to their work because they do not for extra workers like the Japanese. Three are in a problem following their failure to turn in for work all at the same time. The boss, Mr. Higashi is not happy about it and a dispute arises between the four parties involved in this matter.

Kelly has provided a medical certificate that shows indeed she was not feeling well at the time she missed to get to work. Kelly, Suzanne and Mark are set to suffer the same fate following that. Kelly and the other ALTs should forward the matter to the CLAIR. The conversations that characterize the four signify no hope of coming to terms any time soon. Such a dispute, as rules and regulations of the JET program stipulates, should be dealt with by the host institution (Roy, Bruce & Saunders 668).

In this case Mr. Higashi is the boss of the host institution, and he is thereby required to deal with such disputes. Mr. Higashi’s character and personality depicts a strong aspect of dictatorship. He is not flexible in decision making and wants things done his way. However, the rules and regulations that govern the program are not based on personal opinion and character. As it appears, it is difficult for the three ALTs to negotiate with the boss. The only way that remains firm in this case is seeking the help of CLAIR.

Although CLAIR insists that the host institution should deal with problems that come up with the ALTs, this case has taken a different direction altogether. This matter involves breaching of the contract that the ALTs and the institution have made. On the same note, Mr. Higashi presents himself as hard to deal with. In this regard, Kelly and the other ALTs should seek the help of the CLAIR. CLAIR is put in place to oversee disputes that the host institution has failed to deal with (Roy, Bruce & Saunders 668).

Having the ALTs represented by CLAIR is the best alternative. Why did conflict occur? How could it have been prevented? Conflict arises when two or more parties disagree on some issues that are characteristic of the relationship between or among them, and arriving at some solution over the matter seems impossible. In the case of the three ALTs and Mr. Higashi, conflict arises out of the violation of the contract made between the JET program and the participants. Kelly, Mark and Suzanne catch flu at the same time.

The next day none of them goes to work. Kelly shows up the day after, only to notice that her boss Mr. Higashi is upset about it. When the other two come in for work, they notice the same thing. What is common among the three ALTs is the fact that Mr. Higashi wants them to sign up papers for paid holiday, when they have had a sick leave. Article 11 and 12 of the contract identifies both paid leave and special holidays (Roy, Bruce & Saunders 671). Sick leave is outlined on Article 12, section 1 of the agreement. Mr. Higashi says that is common in Japan to trade the sick leave for the paid leave.

However, the contract letter does not make such a provision. Mr. Higashi’s demands that the sick leave holds in for the paid leave for the three ALTs results to a dispute between him and the ALTs. Kelly and the other two hold on to the fact that the contract essentially differentiates the two different types of leaves. Mr. Higashi’s dictatorial arguments, decisions and actions are the cause of the misunderstanding and disagreements between him and the ALTs, which consequently gives rise to the conflict presented in this case.

Article 17, section 1 and 2 of the contract presents a way through which the conflict could have been prevented. The rules and regulations that govern the JET program stipulate the procedure of taking a sick leave. The participants should make an application for the leave, and further receive consent from the supervisor. If the condition of the participant is so critical that the procedure cannot be followed, then the application should be done as soon as the participants can (Roy, Bruce & Saunders 671).

In the case of Kelly, Mark and Suzanne, this procedure was ignored and therefore resulted to the conflict. The three should have made an application prior to the flu they suffered in order to rule out the occurrence of a conflict when they resume work. On the other hand, Mr. Higashi should observe all the details provided for by the contract letter. The JET participants are entitled to both paid leave and special holidays. Sick leave is included in the special holidays. The boss wants to integrate Kelly, Suzanne and Mark into the Japanese culture by force.

This is an independent decision that each of the three ALTs should make without forceful influence. Mr. Higashi should have observed the rights of the ALTs and everything they are entitled to by the program. By so doing, the conflict characteristic of this case could not have occurred. Works Cited Roy, Lewicki., Bruce, Barry & Saunders, David. Negotiation: readings, exercises, and cases. Michigan: McGraw-Hill/Irwin, 2006.