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Judge cries shame on JTA
Published: Wednesday | December 19, 2012 10 Comments
Barbara Gayle, Justice Coordinator Supreme Court Judge Donald McIntosh has criticised the [COLOR=blue !important][COLOR=blue !important]Jamaica[/COLOR][/COLOR] Teachers' Association (JTA) and senior teacher Lenvas Cole, at the Balaclava High School, [COLOR=blue !important][COLOR=blue !important]St [COLOR=blue !important]Elizabeth[/COLOR][/COLOR][/COLOR], for their attempt to oust the newly appointed principal, [COLOR=blue !important][COLOR=blue !important]Paula[/COLOR][/COLOR] Foster-Miller.
In dismissing a claim for orders to quash Foster-[COLOR=blue !important][COLOR=blue !important]Miller's[/COLOR][/COLOR] appointment, the judge said "It is unfortunate that the claimants have no regard for the message they would be sending to students and community alike".
McIntosh said on the totality of the evidence, the action brought by "these educators" did them no [COLOR=blue !important][COLOR=blue !important]credit[/COLOR][/COLOR].
He said, yesterday, that for Cole to have gained the support of the JTA merely because he was an active member of that union was another sad reflection on the nation's educators. He found that the claimants gave no consideration to the "blameless, successful applicant" who was the person with the superior qualifications.
Cole and the JTA had applied to the Supreme Court last year seeking a judicial review of the appointment of Foster-Miller on the grounds that there were a number of procedural flaws in the appointment of the principal.
The board of management had found Foster-Miller to be the most suitable and qualified applicant and Cole was rated the second-most suitable. The claimants contended that Jennifer Picart, an education officer with the Ministry of Education, participated in the selection process. They said Picart along with the chairman of the school board, reviewed the six applications submitted for the post of principal and prepared a list of persons who would be interviewed.
They argued that there was no regulation that authorised an education officer assigned to a school to participate in the process.
They also contended that Picart was present during the interview of the candidates.
The claimants also accused her of making allegations against Cole and claimed that Cole did not have the opportunity to respond to them. They claimed that the allegations had the effect of prejudicing Cole's application for the post.
Desperate attempt
McIntosh in his judgment described the claim as a desperate attempt of a second-rated aspirant to be principal and to have the provisionally appointed principal unseated.
The judge said Picart sat with the board as an adviser and attempted to assist when called upon. He said there was no evidence that Picart was a part of the decision-making process or that she at any time contributed to the rating of the persons interviewed.
It was the judge's finding that the claimants' star witness, Leash Henry Silky, who was a member of the interviewing board, demonstrated by her rating sheet that there was absolutely no basis for the claim.
The judge found that her subsequent attempts at reneging from her written analysis merely demonstrated her bias towards the principal.
The claim was dismissed and no order was made as to costs.
Defendants were the board of management of the Balaclava High School, the Teachers' Services Commission, the Ministry of Education and the attorney general. They were represented by Curtis Cochrane, director of state proceedings.
barbara.gayle@gleanerjm.com
Published: Wednesday | December 19, 2012 10 Comments
Barbara Gayle, Justice Coordinator Supreme Court Judge Donald McIntosh has criticised the [COLOR=blue !important][COLOR=blue !important]Jamaica[/COLOR][/COLOR] Teachers' Association (JTA) and senior teacher Lenvas Cole, at the Balaclava High School, [COLOR=blue !important][COLOR=blue !important]St [COLOR=blue !important]Elizabeth[/COLOR][/COLOR][/COLOR], for their attempt to oust the newly appointed principal, [COLOR=blue !important][COLOR=blue !important]Paula[/COLOR][/COLOR] Foster-Miller.
In dismissing a claim for orders to quash Foster-[COLOR=blue !important][COLOR=blue !important]Miller's[/COLOR][/COLOR] appointment, the judge said "It is unfortunate that the claimants have no regard for the message they would be sending to students and community alike".
McIntosh said on the totality of the evidence, the action brought by "these educators" did them no [COLOR=blue !important][COLOR=blue !important]credit[/COLOR][/COLOR].
He said, yesterday, that for Cole to have gained the support of the JTA merely because he was an active member of that union was another sad reflection on the nation's educators. He found that the claimants gave no consideration to the "blameless, successful applicant" who was the person with the superior qualifications.
Cole and the JTA had applied to the Supreme Court last year seeking a judicial review of the appointment of Foster-Miller on the grounds that there were a number of procedural flaws in the appointment of the principal.
The board of management had found Foster-Miller to be the most suitable and qualified applicant and Cole was rated the second-most suitable. The claimants contended that Jennifer Picart, an education officer with the Ministry of Education, participated in the selection process. They said Picart along with the chairman of the school board, reviewed the six applications submitted for the post of principal and prepared a list of persons who would be interviewed.
They argued that there was no regulation that authorised an education officer assigned to a school to participate in the process.
They also contended that Picart was present during the interview of the candidates.
The claimants also accused her of making allegations against Cole and claimed that Cole did not have the opportunity to respond to them. They claimed that the allegations had the effect of prejudicing Cole's application for the post.
Desperate attempt
McIntosh in his judgment described the claim as a desperate attempt of a second-rated aspirant to be principal and to have the provisionally appointed principal unseated.
The judge said Picart sat with the board as an adviser and attempted to assist when called upon. He said there was no evidence that Picart was a part of the decision-making process or that she at any time contributed to the rating of the persons interviewed.
It was the judge's finding that the claimants' star witness, Leash Henry Silky, who was a member of the interviewing board, demonstrated by her rating sheet that there was absolutely no basis for the claim.
The judge found that her subsequent attempts at reneging from her written analysis merely demonstrated her bias towards the principal.
The claim was dismissed and no order was made as to costs.
Defendants were the board of management of the Balaclava High School, the Teachers' Services Commission, the Ministry of Education and the attorney general. They were represented by Curtis Cochrane, director of state proceedings.
barbara.gayle@gleanerjm.com