Whitehorse Daily Star

‘I wish to be paid for the time worked’

A substitute teacher is taking the territorial Department of Education to small claims court for $5,710.28 in unpaid wages.

By Gord Fortin on June 18, 2018

A substitute teacher is taking the territorial Department of Education to small claims court for $5,710.28 in unpaid wages.

Sandra Marguerite Gabb’s lawsuit was filed on Friday.

It covers her time spent as a substitute teacher at Selkirk Elementary School from the period of Aug. 29, 2017 to May 18, 2018, where she filled in on multiple occasions.

Gabb, a veteran educator and a former president of the Yukon Teachers’ Association, gave several reasons for the pending litigation.

She argues that her duties as a substitute teacher go beyond just spending time in the classroom teaching students.

Substitute teachers are only paid for instructional time, and she feels she should be compensated for work done outside of the instructional time.

According to the Department of Education’s website, substitute teachers are paid by the day, not the hour. A full day is defined as five hours of instructional time.

Gabb argued that instructional time can vary between schools, pointing out that Selkirk’s is five hours and 30 minutes.

There is a pay provision for hourly pay for substitute teachers but it is for hours worked that are less than a full day but more than half a day.

The salary can be broken down into three daily rate categories.

The first is $135.93 for someone with no teaching certificate. The second is $167.52 for someone with a Bachelor in Education.

The last is $218.43 for someone with a Master’s Degree.

Gabb added that this means substitute teachers are not paid an appropriate amount based on their experience or education.

“I wish to be paid for the time worked,” Gabb said in her statement of claim.

Gabb went into work that goes beyond instructional time. Substitute teachers are encouraged to show up to class at least 30 minutes in advance.

During this time, they have to collect keys, read the regular teacher’s lesson plan and prepare materials for the classroom and calendars.

At the end of the school day, the substitute teacher will have to leave notes for the regular teacher.

Gabb provided her work schedule and pay statement.

According to these documents, she claims to have worked 507.7 hours – but was only paid for 377 hours. She multiplied the 130.7-hour difference by the regular hourly earnings of $43.69 to reach $5,710.28

Gabb states, in her claim, that she learned other government on-call employees have to submit an hourly timesheet and are paid in 15-minute increments. She demands similar treatment.

“In conclusion, albeit the daily rate of pay for substitute teachers is abysmal, it is my contention that in fairness I be paid for hours worked,” she said in her claim.

The Yukon government does not comment on matters before the courts.

Comments (23)

Up 2 Down 2

My Opinion on Jun 25, 2018 at 12:36 am

@ Classroom Volunteer.

Well, I guess you have never had a Sub Teacher. Many just put on a Movie. As for with teaching shop, unless they are qualified they can't. My son spent weeks while his shop teacher was away and was not able to work on his car project because the sub was not at all qualified.

This leading people to believe that they come with this full gamut of skills is at best disingenuous and at worse......(Well You Know). bs

Up 3 Down 5

Hugh Mungus on Jun 23, 2018 at 1:15 pm

Aside from having a pulse there are no prerequisites to be a substitute teacher in the Yukon. You literally just walk in and you are on the on call list. No educational thresholds, no teaching experience. Nothing.

Your primary role, taking attendance and making sure the students behave. More training and base skills are required to work in childcare.

Up 8 Down 1

Classroom Volunteer on Jun 23, 2018 at 7:09 am

According to the on-line Yukon Dep't of Education salary grids for July 1, 2017, a beginning teacher with a teaching certificate (Category V) at year 0, starts at a salary of $78,587 for a full-time contract. Hence this teacher is paid for the "extra - time" which are all part of the expected duties of an educator. A substitute (with the same teaching certificate) very often is thrown into situations whereby they take on these "extra-duties" of the contract teacher and are not being fairly compensated based on the daily rates outlined in this article.

The substitute, upon reviewing the day plan (if there is one) must be able to effectively teach the material across grade levels be it Pythagoras, kingdom classification, biomes, cinquain poems, or inquiry-based projects. They may have to organize classroom technology needs, prepare materials, grade, do supervision, and so forth. The sub also is expected to plan the next day - or days.

The substitute also has to immediately develop a relationship with the students and establish classroom management- something the classroom teacher has had time to do. Then there are the special needs students and the ELL students who need extra attention. Substitute teachers in the Yukon need to be fairly compensated - it appears that they currently aren't.

Up 6 Down 4

You try subbing on Jun 22, 2018 at 6:14 pm

For all of the naysayers, you try subbing. Try going and teaching shop mechanics to kids or PE or something challenging where kids think you're a big joke and won't listen to you. You have no idea what teachers go through....and subs have it 100 times worst. And as for comparing it with trades or other, my teaching took 5 years and poverty for those 5 years.

Up 12 Down 2

Bandit on Jun 22, 2018 at 12:53 pm

I really appreciate the job teachers take on, it definitely isn't for everyone including me. With that being said, I worked in the private sector for most of my life and was taught that if you didn't show up 15 minutes early you were late.

Up 9 Down 10

woodcutter on Jun 21, 2018 at 5:27 pm

@ Brigitte

I can just see it now, you showing up for work, 2 minutes before your shift starts, bedraggled looking like your still wiping the crud from your eyes, claiming I am ready to be of value to the organization, where's the keys so I can open the door to the class room. Meanwhile your students are lined up wondering where their teacher is.

Great example you would set to our kids, teaching them to be mediocre and by the book little lemmings. The question I have is why you would consider taking attendance before you start work. It's been a long time since I've been to school, but I do recall the teacher taking attendance at the start of class, not 30 minutes before.

Like starting any new job/position time is required up front to find your place of employment in this case the class room. If those few minutes are of too much value to you, it demonstrates the value you place on teaching our children. Besides subs are trying to become full time and they should work to prove their worth and commitment.

As to lesson plans, this teacher has much experience and I am certain that she has thousands of work plans in her inventory that she can draw from, probably even formulating them in her head as she drives to work. I can see the first 30 minutes trying to find her class room and fumbling with the keys and chatting it up with the other teachers.

Perhaps a job in the private sector for a spell of time will create the conditions that will develop a foundation of understanding.

Up 3 Down 0

Looking at Facts on Jun 21, 2018 at 12:28 pm

Gord Fortin, your pay scales are incorrect. The second rate category is for someone with a Bachelor's Degree (not limited to Education). The third is for someone with a Teaching Certificate. http://www.education.gov.yk.ca/substitute-teaching.html

Up 8 Down 7

My Opinion on Jun 20, 2018 at 9:49 pm

@Bridgette
25% of a REAL teacher? So you are saying that a sub gets 218.43 and there for 4 X's that is almost 1000.00.
A Journeyman Mechanic provides 50,000 dollars worth of tools to earn that much, so you won't find sympathy with me. You're living in a bubble.

Up 4 Down 3

Denise on Jun 20, 2018 at 5:44 pm

In my view, the extra money claimed by Sandra is not as important as computing hours correctly so that newly trained “teachers on call” gain recognition with peers and employer.
The current system is not conducive to self investment and it penalizes the school ( the students and staff). TOC have no access to training nor are they covered by a union insurance ( in case of unfortunate accident).
Similar to fruit picking where I was paid by the day, TOC are sent home with some cash but no recognition, no follow up.
Thank God staff tries to include TOC and clerks always wave good bye as the keys are returned.
The discrepancy in pay shown by Sandra is a demonstration of a deeper educational issue: It is the tip of an iceberg.
The fundamental question is, in my view, how important is it to encourage newly trained teachers to invest themselves as TOC and eventually become experienced, educators?
The current system favours older retired teachers and the department of Ed. Those of us who already receive a pension and bring experience.
However it is not encouraging young folks who just finished a degree in teaching. Too bad for students!

Up 7 Down 11

Bobby Bitman on Jun 20, 2018 at 3:54 pm

I'm with Brigette. Paying someone 25% of what you pay someone else to do the same job is completely unacceptable.

Suggesting that $136 before tax, is fair pay for looking after, and teaching, 20+ kids for 5 hours is crazy enough, then they want to tack on an hour of paperwork unpaid? There is a lot of responsibility and professionalism expected of a sub teacher.

Must be that this is a holdover from compensation in jobs that were 'traditionally female'. I can't believe this pay scale has flown under the radar this long.
As an aside, what percent of teachers on any given day are substitute?

Up 11 Down 11

brigitte on Jun 20, 2018 at 1:46 pm

To Tater:
You are mixing apples and oranges. A sub who gets paid 1/4 of the pay of the teacher should not be expected to work outside of the 5 hrs they are paid for.
Thank you Sandra for doing this court challenge. Substitute teachers need the Gvt to take the law that prevents us from unionizing off the books. We need to be treated fairly, in line with other jurisdictions in Canada. The Yukon Gvt needs to give the substitute the right to unionize. No other jurisdiction in Canada has such a law forbidding subs to unionize.

Up 9 Down 10

Gianni cappellano on Jun 20, 2018 at 1:34 pm

Every person deserves and expects to be paid for the time that they work. This is not a new idea, it's common courtesy. I hope that we start to pay more attention to this issue because the fact that it is an issue is a little troubling.

Up 16 Down 11

Stu Panton on Jun 20, 2018 at 12:53 pm

Just pay her and stop the exploitation.

Up 16 Down 13

Brigitte on Jun 20, 2018 at 11:04 am

Also for whoever is saying that showing up 30 min early is normal . It is not . For 90 percent of the population we show up ready to work a few min before not half an hour. As a sub you are actually are working 30 min unpaid as you colkect keys...get plans figured out ...attendance ...classrooms etc...all before the actual start of getting paid.

Up 11 Down 8

Brigitte on Jun 20, 2018 at 11:00 am

A few things:
As a teacher with a teacher salary extra hours are expected .
The yukon substitute teacher salary is roughly 1/4 or25% of a teacher salary, extra hours are not expected.
If I sub I am expected to teach the day the same way the real teacher would of. I fill the teachers shoes in all ways from 8 to 3:30 for 1/4 of the pay. That is not right.
Substitute teachers in BC and NWT and elsewhere make a lot more per day than we do . WHY?? Because they have had union representation . We are as substitute teachers forbidden by Yukon law to unionize No union means worker exploitation .Non unionized Yukon Substitute teachers have been taken advantage of for decades. The Yukon law needs to be changed to allow unionization of substitute teachers . Wal-Mart workers also obviously need unionization. All workers need and deserve people to represent our needs to the employers .

Up 19 Down 7

Tater on Jun 19, 2018 at 5:57 pm

Ok, so let's see about this. It took Sandra from August 29 to May 18 to figure out she didn't like the pay. She wants to be paid $5700 bucks to pick up keys (going slow that takes 30 seconds) read the lesson plan (maybe 5 minutes) prepare materials (15 minutes) and leave notes on what she did (5 minutes). And if I remember correctly, the hours instruction is 5 and the other 2.5 - 3 hours a day is for lesson planning, ordering supplies, updating student files, marking exams, and other related duties a teacher performs which you didn't do.
Teaching is a profession which an individual dedicates their life to and is happy to put in extra time. Look at the sportsteams, drama clubs and so on, all on donated time.

To all the good teachers out there who dedicate their time away from their families, thanks, it's muchly appreciated.

Up 22 Down 20

My Opinion on Jun 19, 2018 at 3:09 pm

Holy smokes are teachers ever living in a dream world.

I have always showed up 30 minutes before work. Worked 12 hour days as well. 218.00 is great money for a five hour day. As a matter of fact I think it is way too much. See how hard others have to work for a lot less. You should be ashamed. That is aprox. 5,000.00 per month for a 5 Hr job. 60 Grand a year.

Check out Walmart and then let me know what you think. Of course it is OK they work for cheap so you get a good deal when you are already shopping at 3:30. Shameful.

Up 17 Down 20

Long overdue on Jun 18, 2018 at 10:40 pm

If the Department of Education wants a classroom monitor to fill in for a teacher, the existing wages may be ok. But substitute teachers should actually 'teach', and that means all the extra requirements that Sandra has documented (lesson plans, preparation). The role of substitute teachers has been neglected for years - good for her!

Up 29 Down 8

Woodcutter on Jun 18, 2018 at 8:33 pm

Showing up 30 minutes early is, in my world, how one kept a job, and got called back for the next one.

Up 33 Down 8

Just Sayin' on Jun 18, 2018 at 4:34 pm

You knew the contract terms you signed. ... if you didn't understand the terms, should you actually be a substitute.? Furthermore, why did you continue subbing if you were not getting paid? You set the precedent by continuing to show up; hold yourself accountable as you would other(s).
Grade= F

Up 24 Down 28

ralpH on Jun 18, 2018 at 4:09 pm

Pay the woman for God's sake. Are we to pay court costs for a mere $5710.65? Someone had to sign off on the time and approve her to work.

Up 22 Down 23

Agronment on Jun 18, 2018 at 3:59 pm

In the US teachers are barely above the poverty line and have to have second and sometimes third jobs to make a living. Let us not follow the US way folks.

Up 34 Down 15

Teacher on Jun 18, 2018 at 3:24 pm

Sandra you didn’t get paid for the extra time you put in when you were teaching so why should you expect it now?

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