Barbara Gayle, Justice Coordinator
A TEACHER who was fired by the board of management at Manchester High School for failure to provide lesson plans has won her appeal.
Sharon Welsh, who had served the institution for 20 years, was dismissed effective August 31 last year, but yesterday, the Teachers' Appeals Tribunal found that the rules of natural justice were breached.
Attorney-at-law André Earle, who represented Welsh, said he has since written to the board demanding her immediate reinstatement and all emoluments owing to her.
"This kind of abuse takes place too often," Earle said in response to the tribunal's finding in Welsh's favour.
In response to the ruling, Welsh, an English teacher, said that she felt justice has been done.
"I look forward to resuming my duties and contributing to the growth and development of Jamaica's future nation builders," she added.
SEVERAL GROUNDS OF APPEAL
She had filed several grounds of appeal contending that there were several breaches and the rules of natural justice were breached. Some of the grounds were dismissed by the tribunal.
Earle argued that the personnel committee found Welsh guilty of misconduct, for which she was not charged. He said that by its letter dated March 29, 2012, the committee found and the board of management upheld that Welsh had admitted to being negligent in the area of lesson planning. Earle said she was charged with neglect of duty in that she had consistently failed to comply with the guidelines as far as writing and submitting lesson plans were concerned.
"This ground finds favour with the tribunal on the basis that the statement of offence was not only imprecise but void of details contrary to the rules and principles of natural justice," the tribunal found.
It was also the tribunal's finding that Welsh was not given a fair hearing as she was not advised by the personnel committee of the formal complaint which had been made against her and was not given the opportunity to respond.