NOVA hit with group lawsuits over return of lesson fees

Fourteen people have filed two group lawsuits against major English-language school NOVA in the Kyoto District Court, demanding money they say the school has failed to return to them.

The plaintiffs are demanding a combined 6.58 million yen from NOVA. Some of the plaintiffs claim that the school inappropriately reduced the amount of money that should have been returned to them when they stopped taking lessons.

A group of lawyers representing the plaintiffs said that it was the first time group lawsuits had been filed against NOVA over cancelled contracts for its lessons.

The 14 plaintiffs are reportedly spread out over five prefectures in Japan.

http://mdn.mainichi-msn.co.jp/national/news/20070926p2a00m0na028000c.html

Is it all over for Nova?

As ‘eikaiwa’ giant plans school closures amid credit crunch, some fear the worst

The dark clouds that have been hanging heavily over us will be cast aside,” reads the English translation of Nova Corp. CEO Nozomu Sahashi’s memo faxed to staff Friday. “I said previously ‘the darkest time is before the dawn,’ and finally the first light of dawn can be seen.”

Nova is on the rocks, and the rosy forecast from the man at the helm of the Osaka-based “eikaiwa” behemoth may not be enough to reassure members of the 7,000-strong Nova crew ? including some 5,000 foreigners ? that the company isn’t sinking as Japan’s biggest conversation school chain plans to abandon at least 200 of its 900 branches, according to reports.

For the second month in a row, wages were paid late in September. Some teachers ? those in the Osaka and Tokyo areas ? were paid on time on the 14th; others received their wages on the 18th. Titled instructors are anxiously waiting to see if they get paid as promised on Tuesday 25th ? 11 days late. Teachers in Nova-managed accommodation have received eviction warnings over unpaid rent despite the fact the company has been deducting money for this purpose from employees’ salaries.

Nova’s labor-relations and legal woes over the past years have been well documented, but the biggest blow for the firm was the punishment meted out by the Japanese government to the firm for deceiving students about lesson availability: The Ministry of Economy, Trade and Industry (METI) slapped business restrictions on the corporation in June, banning the signup of new students on upfront ? and lucrative ? long-term contracts for a six-month period. The bad publicity generated by the decision has led to increasing numbers of students canceling contracts and demanding refunds from the cash-strapped firm.

“It’s kind of like a financial run on a bank,” said Louis Carlet, deputy secretary general of the National Union of General Workers Tokyo Nambu, which counts hundreds of Nova employees among its members. “That’s why this could be the biggest consumer wipeout in Japanese history, because the customers are depositing all this money as if in a bank, assuming the money will be there, and now . . . Nova students are getting worried that they’re gonna get wiped out, so they’re rushing to cancel the contracts and the more they rush the more Nova can’t pay their bills.”

However, Nova boss Sahashi is upbeat about the future. “I would like to inform you that the prospects look clearer for the refunds of cancellations that have accumulated until now and that a schedule has been established for refunding this money from the end of this month,” he wrote to staff Friday. “With this there will be no concern regarding salaries from next month onwards. I cannot announce further details at the moment but would like you to feel reassured and concentrate on business as usual.”

So what ? if anything ? does Nova have up its sleeve? Nova declined to comment over the phone for this story and e-mails to the corporation’s Tokyo and Osaka offices went unanswered.

The memo failed to impress Ken Worsley, Tokyo-based business consultant and editor of Japan Economy News.

“It is vague and contains no proof or evidence that something legitimate is on the way,” he wrote in an e-mail. “We should remember that in December 2005, a few weeks before eikaiwa operator NCB went bankrupt in January 2006, its management issued a similar notice, telling employees that they were about to receive a ‘capital injection’ from a large investor. It never happened, and on the day before January’s payday, NCB locked its doors forever and failed to pay staff or instructors. I see the same pattern evolving with Nova.”

The closure of some 200 schools, reportedly in the Tokyo area and Osaka, Hyogo and Aichi prefectures, should bring in a bundle of cash from savings on rent and the possible sale/rental of Nova-owned property. Is this the first stage in a process of consolidation that could save Nova from bankruptcy?

“I don’t think that Nova’s reported downsizing is a plan in the sense of being a well-thought-out business strategy so much as it is damage control,” Worsley said. “It has been suggested that they are being evicted from some locations, which would certainly indicate that cash flow problems run truly deep. On the other hand, if Nova has embarked upon a strategic downsizing without making an announcement to its employees and investors, one is forced to wonder to what extent the top management may be trusted.”

With Nova’s share price hovering around the ¥40 mark, down from around ¥100 in June (after hitting a high of ¥1,750 in 1999) and last quarter’s dismal financial report ? Nova posted a ¥4.5 billion operating loss over the April-June period (before the METI order), nearly four times the loss over the whole of the last financial year ? you might expect shareholders to be clamoring for the heads of top management. However, Nova’s top shareholders at least ? Nova Kikaku (the corporation’s holding company) and Sahashi himself ? appear to have faith in the current management. And despite the firm now going for a knock-down price, the fact that the same people who got Nova into this mess are still at the controls may put off potential buyers or partners.

“It would be a brave company that would take over a company in Nova’s situation without a change in management,” said Bob Tench, vice president of the Nova union. “The company has a large infrastructure, which in itself is a valuable asset; it has a lot of experience amongst its employees; and with the share price being so low it would be a good buy for a company ? provided they could insert a new top management to run things properly from now on.”

Travel agency H.I.S. was reported to have been talking with Nova about a tieup in July, and some reports have suggested the stumbling block was Nova management’s insistence on staying put. Sahashi, in an interview following the METI order, also ruled out joining forces with other eikaiwa firms. “I don’t want to tie up with a fellow trader,” he said.

With Nova running out of both money and options, talk is increasingly turning to the possibility of bankruptcy.

“I think that Nova’s chances of pulling through and surviving as a company are slim at best,” Worsley said days after the school closures were reported. “I have predicted before that the company would go under around the beginning of November, and I see no reason to change that statement at this point. Late payment is a huge red flag that a company simply does not have a strong enough cash flow to deal with its operating costs. Given that we have seen two late salary payments in a row, I take this as a sign that Nova is nearing insolvency.”

If Nova files for bankruptcy, one concern ? among many ? for employees would be getting hold of unpaid wages. If teachers have time left on their visas and procedures go smoothly, this wouldn’t be a major problem, according to Carlet.

The prospects for students hoping to get money back that they paid Nova upfront for lessons, however, are bleaker.

“The students are very unlikely . . . to get much of their money back, and in the past ? like with Lado ? other schools have been willing to take the students, sometimes for free or half-price,” Carlet said, referring to an eikaiwa chain that went bankrupt in May. “However Nova, being the Goliath it’s always been in the industry, is not in either of the two industry organizations.”

A nightmare even worse than bankruptcy for Nova staff and students would be if the corporation soldiered on after all hope was lost, said Carlet.

“If they don’t officially go bankrupt that means the teachers won’t be dismissed, they just won’t be paid, and if they resign they’d have to wait three months (for unemployment insurance), and if they don’t resign we have to prove that it’s effectively a bankruptcy, which takes time, so either way they’re in serious trouble if Nova doesn’t officially go bankrupt.”

It’s a scenario that is well within the realms of possibility considering how much is at stake for those at the top of the firm, said Worsley.

“The only incentives are fear and greed. Let’s not forget: Should Nova go down, its top management will be in serious personal financial difficulties and will be unhireable. For top management, it makes sense to keep the company running as long as possible in hopes that someone will buy it out. This happened with NCB and Lado, yet in the end no one bought them out.”

With so much uncertainty surrounding the firm’s future, many teachers are not sticking around to see if Nova can weather the storm. Berlitz alone received some 200 applications over a couple of days last week from Nova teachers seeking jobs, said a company source.

Roy Beaubien, who jumped ship after the late payment of wages this month, advises other Nova employees to do the same.

“I’ve seen a Japanese English conversation school try to avoid going bankrupt first hand before. It was hell. Only many years later did any teachers ? and only a few of them that stuck it out for years through many court hearings and after paying years of union fees ? finally get some of their money from the company through the court system.

“As for me? I was until very recently a Nova employee. I applied for my paid holidays immediately after our pay was 12 hours later than usual. I then handed in my resignation soon after that. I learned my lesson years ago and I vowed never to go through that again. This time I wanted to get out when I was still likely to get what I was owed.”

http://search.japantimes.co.jp/cgi-bin/fl20070925zg.html

Kiwis caught up in Japanese cash crisis

The jobs of hundreds of New Zealand teachers are under threat after financial concerns about one of Japan’s biggest English language schools.

The Nova group has not paid some of its staff and is planning to close some of its schools.

It is Japan’s biggest private English Language School and 3 News visited it only months ago.

Nova employs thousands of foreign staff, including about 500 New Zealanders.

Although staff in Osaka and Tokyo are being paid, staff in other centres say they are owed a month’s pay.

Student numbers are down and Nova is planning to close 200 of 900 schools throughout Japan.

A Nova staff member has emailed 3 News and says he is concerned that the company is still trying to hire more staff from New Zealand despite their downsizing.

The Ministry of Foreign Affairs and Education New Zealand agree that anyone considering working in an overseas language school should seek advice and thoroughly investigate the school before signing up.

http://www.tv3.co.nz/News/Story/tabid/209/articleID/35406/Default.aspx

Japanese cash crisis hits NZ tutors

Hundreds of young New Zealanders have been caught up in financial problems affecting Japan’s biggest private English language school, Nova.

Japanese newspapers reported that the company was closing 200 of its 900 campuses after the Government imposed a six-month ban on new long-term student contracts at the company in June.

A New Zealand Embassy spokesman said two New Zealanders affected by the closures or non-payment of wages had contacted the embassy but Kiwis working for Nova would “probably [be in the] … hundreds”.

Ben Takizawa (formerly McGrigor), an Aucklander who taught English in Osaka for a year until February, said about 10 per cent of the company’s 5000 foreign teachers were New Zealanders.

Another New Zealander, who did not want to be named because he still works for the company, said he had yet to receive his pay for August, which was due on September 14.

He has a Japanese wife and two children aged 6 months and 4 years and is now looking for another job.

“I just want New Zealanders to know that Nova is not a good option at the moment,” he said. “They are late on pay this month for teachers, in July the staff salaries were late, and supposedly the rents haven’t been paid on a number of branches and they are closing branches down.

“It’s just not a safe option to come over at the moment.”

But an Auckland University student who was interviewed by a Nova recruiter in Auckland on Saturday said the interviewer, an Australian based at Nova’s Sydney office, did not mention anything about the company’s problems.

“The only thing he mentioned about the business was that they were expanding – a new market opportunity had opened in Taiwan.”

He said the recruiter interviewed 11 applicants in Auckland and also visited Dunedin and Wellington.

The New Zealander still working for Nova said: “I can’t believe they are still recruiting people. It’s criminal. People are coming over to just a mess. They don’t know about it. It’s wrong.”

Nova’s problems stem from an investigation by Japan’s Ministry of Economy, Trade and Industry which found the company was requiring students to pay in advance, then refusing to refund their money in full if they pulled out.

At its peak, the company had 480,000 students. But it said last month that student numbers would be down 19.2 per cent for the year to September.

The New Zealand teacher, a supervisor at his branch, said most teachers had been paid but supervisors were still waiting for their August pay.

“I think they have just run out of money. There are a lot of stories floating round. They are not really telling us anything, they are just keeping us in the dark.”

The New Zealand Embassy said it was referring New Zealanders to the Nova union and to the Japanese Government’s labour counselling offices.

“The embassy is continuing to monitor the situation and we remain open to receive inquiries and provide the best advice we can,” the spokesman said.

“We would advise people … to make sure [to] seek full information about a company before choosing to get a job with that company.”

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10465542

Branch closings dim Nova’s future

English-conversation school operator Nova Corp.’s planned closure of about 50 branches at the end of this month is indicative of the severe business climate the company faces, following a number of student contract cancellations and an order from the government in June to partially suspend its operations.

The firm, the largest of its kind in the nation, has delayed paying some foreign teachers’ salaries.

Nova plans to reduce costs by cutting personnel after the branch closures are completed. However, Nova’s prospects remain uncertain.

According to the company, Nova had 418,000 students as of March 31, a more than 10 percent drop from the same time last year, due to former students filing a series of high-profile suits demanding the firm refund their tuition fees after they canceled lesson contracts.

Nova has also been hampered by a decline in the number of new students, following the Economy, Trade and Industry Ministry’s order in June to partially suspend its operations.

Nova listed revenues of 9.2 billion from April to June in fiscal 2007, a 31.9 percent drop from the same period last year. The firm had an after-tax deficit during the same period of 2.4 billion.

The firm’s delay in salary payments to some foreign teachers has caused a great deal of anxiety. “I’m worried about what’s going on,” a foreign Nova teacher in Osaka said.

The [Osaka-based] General Union, a labor union for Japanese and foreign workers, includes Nova teachers among its members [and is a NUGW sister union of Tokyo Nambu]. On behalf of the teachers, the union submitted a request to Nova Corp. President Nozomu Sahashi on Thursday demanding prompt salary payment for the teachers.

The union also asked Nova to return tuition fees to people who have canceled their contracts with the firm, and to give sufficient advance notice when it decides to close a school.

A union official said the union would consider taking legal action against Nova if the situation does not improve.

The Sydney Morning Herald, a major Australian paper, recently carried a story about Nova headlined “Teachers unpaid as company falters.”

According to the article, Australians account for 5,000 of the nearly 7,000 foreign teachers who work for Nova.

The firm was initially scheduled to pay instructors’ salaries on Sept. 14, but the salaries of some teachers were actually paid after Tuesday.

According to sources close to a financial institution, Nova is believed to be closing branches in prime urban locations to reduce tenant and personnel fees, as well as to secure large deposits to cover its daily operations.

After the ministry’s suspension order, Sahashi said Nova would seek a capital and business tie-up with another firm in order to strengthen its financial base. But Nova has not yet partnered with another company.

Observers believe Nova’s financial condition will not improve unless it takes drastic measures.

http://www.yomiuri.co.jp/dy/national/20070922TDY02008.htm

Teachers protest in Osaka

Instructors from Nova Corp. demonstrated in central Osaka on Friday to protest the firm’s delay in their salary payments.

About 50 foreign teachers, including those who have yet to receive salaries due to them on Sept. 14, began the demonstration from Nanba, in Osaka’s Minami district, holding signs that said, “Nova pay us now,” and “Resign Sahashi.”

“[Nova has] no respect for us,” a 40-year-old Australian instructor said. “We’re the people who make the company what it is, but there’s no honesty, trust or transparency. If I was in Australia [and something like this happened], I’d have already stopped going to work, but it’s hard for people who came from other countries to work for Nova to just give that up.”

Another 33-year-old Australian instructor said he did not go to work on Friday because his salary had not been paid. “I don’t plan to work for free,” he said.

“I’m sorry for the inconveniences caused to the students,” he said. “It’s too bad, because we want to keep the students at Nova. But the stress teachers are under, I think, is affecting the lesson quality.”

http://www.yomiuri.co.jp/dy/national/20070922TDY02008.htm

Foreign teachers face axe in Japan

ENGLISH teaching chain NOVA, which employs more Australians and foreigners than any other Japanese company, has admitted it may have to shut hundreds of schools to account for massive financial losses this year.

NOVA has said in a statement that it has not made any decision about the closures, but Japanese media have quoted sources as saying it is planning to axe at least 200, and probably many more, of its 900 schools.

It will reportedly target schools in Tokyo and big cities in the Osaka, Aichi and Hyogo prefectures, where rents are exorbitant.

The Kyodo news service said the number of closures was likely to be far in excess of 200 because many landlords were threatening to evict the company over defaults on rent payments.

The cuts would affect more than 1000 teachers and tens of thousands of students. It is unclear what would happen to them, although the school has reportedly said it would allow students to shift to nearby schools.

It was reported earlier this week that the chain, which has the biggest share of Japan’s billion-dollar English lesson industry, failed to pay up to half of its 5000 foreign teaching staff last Friday.

It was the second time in two months that Nova has paid staff late. The wages finally arrived this week.

“A lot of people are really scared by this,” said a 27-year-old Australian teacher in Tokyo, who asked not to be named.

“We heard about all the late wages, and there have been rumours that NOVA is going under for a while ? but now this. And they never tell us anything. We’re always in the dark.”

Louis Carlet, from Japan’s National Union of General Workers, said, “Usually we’re reluctant to speak to the press, because we don’t want to precipitate NOVA’s bankruptcy, but it’s too late for that. We putting preparations in place.”

NOVA’s financial crisis is partly due to overexpansion, but also because in July the Ministry of Economy, Trade and Industry banned the company, based in Osaka, from signing new students on long-term contracts for six months.

The order was given after a court ruled that Nova lied about its services and cancellation policy when soliciting students.

Nova posted a 2.5 billion yen ($A25 million) loss in operating profits for Japan’s last financial year, which ended in March.

http://www.theage.com.au/news/world/foreign-teachers-face-axe-in-japan/2007/09/21/1189881777745.html

Canadian teachers unpaid in Japanese ESL woes

Some Canadian English teachers are among the thousands of worried workers left without prospects and paycheques in the wake of vast financial problems for Japan’s largest private language school.

Nova Group, which has 900 schools, employs about 7,000 foreign workers — more than any other Japanese company.

Thousands of young Canadians have worked for Nova since it launched in 1981. When the yen was strong and the Canadian dollar weak, it provided post-college employment to pay off student loans, and offered a cultural exchange opportunity and valuable work experience.

The school’s financial problems have been getting front-page treatment in Japan. They stem from an advertising scandal and rapid over-expansion that began four years ago. Problems worsened in June, after Japan’s Ministry of Economy, Trade and Industry (METI) imposed a six-month ban on the practice of signing students to long-term contracts.

The ban came after a Japanese court ruled Nova had lied about its services and cancellation policies when soliciting students. Their practices were similar to the methods North American gyms often use sign clients to long-term contracts.

The ban led to a sharp decline in revenue when many of the 400,000 students ended their enrolment abruptly. Facing a cash-crunch, Nova began delaying the payment of salaries to foreign teaching staff and Japanese staff.

On Friday, foreign teaching staff was supposed to receive their overdue paychecks. Instead, they received a fax expressing “greatest regrets” and a promise that salaries will be paid next Tuesday.

“All the procedures for depositing the salaries have been completed. However … these were not completed in time to deposit the salaries today,” read the fax.

This was the latest in a number of faxes that have been sent since July, all of which announce delays in salary deposits.

Julie Chalmers, a University of Ottawa graduate originally from Sudbury, began working for Nova three years ago in Kyoto. She decided not to renew her recently expired contract, but is still waiting to receive her salary for August and September.

“Nova is such a huge company that it never really cared about its workers. We are all just numbers and the huge turnover rate shows just that,” she told CTV.ca.

Chalmers said Nova owes her about $2,600 for the month of August and estimates she’s due $1,700 for September. “I have no idea how I’ll get my money,” she said.

Business grad thought Nova would turnaround

Calgary-born Nabil Khan arrived in Japan two months ago, along with his fiancée. He was aware of Nova’s problems relating to the METI ban, but felt the company’s problems could be easily fixed given that Nova commanded the largest share of Japan’s multibillion-dollar private English teaching industry.

“When METI imposed the ban I saw no reason they couldn’t come out ahead … I looked at it from a strictly business point of view, many companies have been hit with much larger fines and penalties (Exxon after Valdez for example) and have made adjustments and come out ahead.

“The image of Nova was tarnished in the Japanese public’s eyes, but apologies and a true commitment to customer service would have fixed it. But nothing changed the company kept up its usual plan of operations. And to this day there seems like there is no one at the helm and we are on the Titanic as it is going down.”

Khan studied business at Memorial University in St. John’s and wanted to learn about Japan’s culture and language while seeking business opportunities in the country. He saw working at Nova as a way to get his foot in the door.

“I am owed over $2,000 from Nova and I don’t think I’ll see it. I have accepted it and am now looking for another job before there are another 7,000 teachers doing the same … at the moment, I look at it as volunteer work.”

Nova announced Friday it is closing about 200 of its 900 schools, many of which are located near train stations around the country. The company is hinting at further announcements next week.

In another fax sent to instructors on Friday, Nova CEO Nozomu Sahashi tried to reassure employees, writing: “The dark clouds that have been hanging heavily over us will be cast aside. I said previously ‘the darkest time is before the dawn’ and finally the first light of dawn can be seen … there will be no concerns regarding salaries from next month onwards. I cannot announce further details at the moment.”

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070921/japan_nova_070921/20070922?hub=TopStories

Nova to close 50 branches

Nova Corp., the nation’s largest English-conversation school operator, plans to close about 50 branches at the end of this month, sources said Thursday.

The English-language school chain is to consolidate neighboring branches mainly in the Tokyo area, but also in areas including Osaka and Kobe, where a number of branches are located near each other.

The company already has begun notifying students who are subject to changes of classroom location, the sources said.

The business environment for Nova has become increasingly difficult recently, partly due to a decline in the number of students following a series of lawsuits filed by former students concerning repayment of class fees. In the wake of the scandals, the company also was hit by an order from the Economy, Trade and Industry Ministry to partially suspend operations of the school.

The planned consolidation of school branches is aimed at streamlining the business and reducing operational costs including rent.

Nova has already closed 12 school branches since March. The number of school branches stood at 913 as of the end of last month. Besides the 50 branches slated for closure at the end of this month, the company also is considering further closures, mainly among branches where office rental contracts are shortly due to expire.

Regarding the prospect of further closures, the company issued a statement saying, “At this moment, nothing has been formally decided.”

http://www.yomiuri.co.jp/dy/national/20070921TDY02003.htm

Nova may close hundreds of schools

Slump from ad scandal triggers rent defaults, radical restructuring

Nova Corp., reeling from a false advertising scandal, is planning to close at least 200 of its 900 or so schools later this month to turn around its struggling operations, sources said Thursday.

The nation’s largest language school chain is mainly targeting money-losing branches, but some of the 200 branches are being closed for failure to pay rent, according to the sources.

Nova said in a statement that it has not officially made any decision on the closures and will disclose information when necessary.

Nova, headquartered in Osaka Prefecture, was ordered by the Ministry of Economy, Trade and Industry in mid-June to suspend part of its business for six months for lying to consumers about its services when soliciting students. It then went into a slump as the ruling crippled its ability to enroll new students.

The scandal prompted many students to end their enrollment, and contract cancellations will likely rise, the sources said.

At its peak in June, Nova had some 480,000 students enrolled. But Nova itself admitted in August that total enrollment will likely plunge 19.2 percent year on year by September.

The schools slated to be shuttered are located mainly in Tokyo and major cities in Osaka, Aichi and Hyogo prefectures, where rents are high. The company has already picked about 50 branches, including Nova Kids schools, for the shutdown.

The total number of closures will likely be far in excess of 200 because some landlords are threatening to evict over defaults on rent payments, and Nova itself is offering to vacate some of the properties, some of the sources say.

The 200 include branches that were shut down both in late August and this month, as well as those slated to close by the end of next month, the sources added.

Meanwhile, Nova is believed to be running short of funds because it is falling behind in employee salary payments, the sources said.

Later in the day, the General Union [Tokyo Nambu’s sister union in Osaka], which represents Nova staff, including foreign language teachers, urged the company in a written statement to proceed with caution to minimize any adverse effects on Nova’s students and employees.

http://search.japantimes.co.jp/cgi-bin/nn20070921a1.html