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The Teachers Appeals Tribunal
The Tribunal is a specialized body with responsibility to hear appeals on matters related to the registration of teachers and decisions of Public schools Boards of Management with regards to teachers. The adjudication of appeals by the Tribunal ensures that any teacher who is aggrieved may be heard and a review of the matter conducted by an independent body appointed by the Prime Minister.
The Appeals Tribunal may, on a appeal … either confirm the decision appealed against or vary or quash that decision, and the Tribunal may from time to time return the proceedings to the person or authority concerned with the making of that decision for further information or for such other action as the Tribunal thinks just.
The Tribunal resides in the Teachers Services Division of the JTC. The JTC acts as the Secretariat that manages all its administrative processes.
Members of the Tribunal
Chairman
Justice
Mahadev Dukharan, CD, (Retd.)
Member
Educator
Mr. Byron Farquharson, JP
Member
Attorney-At-Law
Ms. Dorothy Lightbourne, CD, King’s Council, Notary Public
Acts and Regulations
The Tribunal receives its jurisdiction from the Education Act 1965 and the Education Regulations 1980. The Appeals Tribunal shall have jurisdiction to hear and determine appeals made by academic staff in public educational institutions against disciplinary decisions taken by their School Boards which they consider to be unjust
Procedures
The Tribunal does not try cases but has a duty to ascertain that the proper procedure was taken in any previous enquiry and prior to any decision in the matter (which must be in concurrence with the Regulations) and to ensure that the rules of natural justice prevails to provide a fair examination of the matter;
At the hearing of a proceeding before the Tribunal, a party to the proceeding may appear in person or may be represented by some other person; Where an accused in abstention is represented by a friend/a union/or a lawyer, proof of permission must be presented to the Secretariat of the Tribunal prior to the Hearing;
Both the appellant and the School Board are required to be represented at the Hearing and/or be assisted by a legal counsel;
The Appeals Tribunal shall decide on the appeal lodged by majority vote and inform the parties of the ruling in writing with reasons, as soon as possible after the Hearing;
The decision of the Appeals Tribunal is a binding ruling for the parties. However, the decision can be appeal in the Supreme Court;
Appellants can request that the Supreme Court conduct a Judicial Review of the Tribunal’s decision;
The Attorney General’s Department shall represent the Appeals Tribunal at the Judicial Review;
The Attorney General’s Department may seek dialogue with the members of the Tribunal and the School Board in furtherance of the Judicial Review.