Appeal tribunal rules in favour of dismissed St Mary’s College teacher

The Teachers' Appeal Tribunal has ruled that the decision by the Board of Management of St Mary's College in St Catherine to fire teacher Derrick Ross in December 2018 was null and void and of no legal effect.

A complaint was made to the board against Ross following an incident in November 2018 at the school, which was captured on video.

King's Counsel Andre Earle, who is representing Ross, said today that he received the ruling yesterday and that he was now taking steps to have Ross reinstated by the board and paid outstanding salaries and emoluments.

In 2018, Ross was summoned to a meeting of the personal committee of the board to answer charges which constituted alleged professional misconduct.

A meeting was held in November 2018 and a decision was taken that strong disciplinary action should be taken against Ross.

Ross was fired by the board on December 6, 2018.

He subsequently filed an appeal at the tribunal.

He appealed on the ground that the complainant, who was the principal Ryan Williams, was present during the deliberations and voting of the board in November 2018.

He argued that this was contrary to the Education Regulations and therefore the subsequent decision of the board to fire him was null and void and of no effect.

Dr Mark Nicely, the Jamaica Teachers' Association representative, had filed an appeal on Ross' behalf to the tribunal.

Earle, who represented Ross at the hearing before the tribunal, argued that it was one of the most egregious errors committed by the board and that was fatal.

He submitted that the principal, who was the complainant in the matter, ought not to have attended the meeting of the board on November 18, 2018, when the deliberations and voting took place.

Attorney-at-law Linton Walters, who represented the board, agreed with Earle that the law was clear on the point of the principal's involvement and as such the respondent would not have been able to jump that hurdle.

Walters then withdrew the submissions for the respondent.

The members of the tribunal ruled that they were of the view that the decision taken by the board to fire Ross was null and void.

In allowing the appeal, the tribunal said:  “acting on the principles set out in the Education Regulations 1980, the respondent was in error in carrying out its disciplinary proceedings and subsequently in arriving at its decision.”

-  Barbara Gayle

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