Wed | Sep 20, 2017

Senior teacher from The Queen's School wins dismissal case

Published:Monday | November 21, 2016 | 11:49 AM
A section of The Queens School in Kingston.

A senior teacher at The Queen’s School in St Andrew has won his fight to get back his job after being dismissed in 2012.

The Court of Appeal has overturned a ruling by the Supreme Court to grant the Board of Management leave to challenge a case won by Hubert Smith at the Teachers’ Appeal Tribunal.

The ruling means that Smith can now seek to be reinstated.

In August 2012, the Caribbean Examination Council sent a report to the school about duplications in school-based assessments in relation to the subject: Principles of Accounts.

The allegation was in relation to five students, four of whom were taught by Smith.

The school conducted an investigation and a complaint was made by the principal to the institution’s personnel committee.

Following a hearing, In September 2012, the committee recommended that Smith be dismissed.

Smith appealed to the Teachers’ Appeal Tribunal and won.

The Board subsequently went to the Supreme Court and got leave in December 2015 to go to the Judicial Review Court to quash the tribunal’s ruling.

Smith then went to the Appeals Court to challenge the order granting the Board leave.

The teacher’s attorneys, Andre Earle and Nickeisha Young-Shand, argued that Board breached the Education Regulations.

They contended that the regulations stipulate the committee should consist of three members but noted that the panel comprised five members.

The attorney also argued that there was another breach in that the principal, who made the complaint against the teacher, also participated in committee’s proceedings.

The court agreed with the submissions and allowed Smith’s appeal, thereby overturning the order of the Supreme Court.