Lucas and Carillo v Chief Education Officer et Al
| Jurisdiction | Belize |
| Judge | Hafiz-Bertram, J. |
| Judgment Date | 13 October 2010 |
| Court | Supreme Court (Belize) |
| Docket Number | 252 and 253 of 2008 |
| Date | 13 October 2010 |
Supreme Court
Hafiz-Bertram, J.
252 and 253 of 2008
Mrs. Magali Marin-Young for the claimants.
Mr. Samuel Shepherd for the defendants.
Public law - Judicial review and Constitutional redress — Consolidated claims raising same issue — Claimants principal and vice principal of schools suspended through decision of Chief Education Officer following complaints — Whether decision illegal, ultra vires and in breach of legitimate expectation — Whether suspension in violation of Education Act, s.16 — Section providing for disciplinary measures and not authorising appointment of investigating team for purpose of commencing disciplinary action — Investigation ultra vires the principles of natural justice as claimants not told of complaints and not given opportunity to respond — Breach of Constitution, s.15(1) — Right of work.
Constitutional law - Fundamental rights and freedoms — Breach of right to works, s.15 (1).
This judgment relates to consolidated claims which raise the same issues. Both claimants are Teachers by profession and are seeking judicial review and constitutional redress. The claimant in Claim No. 252 of 2008 is the Principal of Escuela Secundaria Tecnica Mexico (ESTM), a school that receives public funds and is managed by the Board of Directors of ESTM. The claimant in Claim No. 253 of 2008 is the Vice Principal of ESTM.
The defendants are Hon. Patrick Faber, the Minister of Education., Maud Hyde, the Chief Education Officer, Yolanda Gongora, the Director of General School Services, of Ministry of Education, Jahmor Lopez, the Belize District Education Council Manager, Pedro Kukul, the Corozal District Education Council Manager, Endevora Jorgensen the representative of the Corozal Regional Education Council and the Attorney General.
On the 1st day of June, 2004, Juanita Lucas, was appointed by the ESTM Board of Directors, as Principal of ESTM. Celia Carillo was appointed on 1st August, 2004 as Vice Principal of ESTM.
In December of 2005, the Chief Executive Officer of the Ministry of Education directed that an investigation be carried out at ESTM as a result of complaints received about the Principal and Vice Principal. The Investigation team met with various teachers of whom twenty nine voiced concerns about the administration of the school.
On the 8th January, 2008, five Heads of Departments at ESTM wrote a letter complaining about “administration” to the ESTM Board of Directors. Then on January 23rd, 2008, a letter was sent by twenty one teachers of the ESTM staff to the ESTM Board of Directors complaining about administration.
On February 28th, 2008, the Principal was invited to meet with the Minister of Education, Hon. Patrick Faber, which meeting she attended, to discuss the problems at ESTM. She was informed by the Minister that he was sending an investigation team to the school the following week. On the same day there was a mass “sick-out” by over twenty teachers at the school who failed to turn up to work.
Between March 3rd — 11th, 2008, an Investigation Team put together by the Minister, conducted an investigation. The Investigation Team comprised Director of General School Services, Yolanda Gongora, Belize District Education Council Manager, Jahmor Lopez, Corozal District Education Council Manager, Pedro Kukul, and the representative of the Corozal Regional Education Council, Endevora Jorgensen.
On 25th March, 2008 the Investigation team sent a Report to the Board of Management of ESTM recommending that the Board takes necessary action to resolve the matter
On March 27th, 2008, the ESTM Board of Directors was given a directive by the Chief Education Officer, Maud Hyde, to discuss the finding of the Investigative Report and to take a decision as regards the Principal and Vice Principal, based on the Report by the Investigation Team. The ESTM Board of Directors did not find consensus and the Minister of Education then referred the matter of the Report by the Investigation Team to the Corozal Regional Education Council (CREC).
On March 28th and 29th, 2008, there was a mass sick-out by teachers at ESTM. On March 22th, 2008, the Minister met with the teachers.
On April 1st, 2008, the CREC reviewed the report and referred the matter to the Ministry of Education, with certain recommendations based on the report, including that the claimants be placed on paid leave pending further investigation.
On 7th April, 2008, Juanita Lucas and Celia Carillo received letters from Maud Hyde informing them that they are to be placed on leave with pay until the situation is resolved.
On April 22nd, 2008 the Principal and Vice Principal received a second letter from the Chief Education Officer, Maud Hyde inviting them to a meeting to answer to certain allegations enclosed and for the first time see the transcript of the interview with teachers and is made aware of the allegations made by the teachers. They did not attend on advice given by the attorney.
On May 7th, 2008, the Chief Education Officer, Ms. Maude Hyde wrote to the Principal and Vice Principal extending the leave with pay and announced that the Board of ESTM will now be conducting an investigation.
Since they were sent home on leave, the Principal and Vice Principal have been in receipt of their salary.
The applicants therefore now seek the following relief by their applications:
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(a) An order of certiorari quashing the decision taken the 7th day of April, 2008 by Maud Hyde, Chief Education Officer, unlawfully suspending the claimant, Juanita Lucas, as Principal of Escuela Secundaria Tecnica de Mexico (ESTM), based on recommendations from the Corozal Education Regional Council;
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(b) An order of certiorari quashing the decision taken the 7th day of May, 2008 by Maud Hyde, Chief Education Officer, unlawfully extending the suspension of the claimant, Juanita Lucas, as Principal of Escuela Secundaria Tecnica de Mexico (ESTM;
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(c) An order reinstating the said claimants to their post as Principal and Vice-Principal of ESTM.
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(d) A Declaration that the appointment by the Ministry of Education and the Minister of Education, Hon. Patrick Faber, on the 28th February, 2008 of the “Investigation Team” comprised of Director of General School Services Yolanda Gongora, Belize District Education Council Manager Jahmor Lopez, Corozal District Education Council Manager Pedro Kukul, and the representative of the Corozal Regional Education Council Endevora Jorgensen, concerning complaints against the claimant by ESTM teachers, and the investigation by the said Investigation Team, and their subsequent report, are illegal, unlawful, arbitrary, and irrational.
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(e) A Declaration that the referral by the Ministry of Education and the Minister of Education, the Hon. Patrick Faber, on April 2nd 2008, of the Investigation Team's Report and any decision-making as regards the findings of the said Report, to the Corozal Regional Education Council for a decision and recommendation, after the ESTM Board of Directors failed to make recommendations or to take a decision based on the said Report, is unlawful and ultra vires the Education Rules.
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(f) A Declaration that the decision of the Chief Education Officer, Maud Hyde, suspending the claimant from her job as Principal at ESTM, infringes the claimant's right to a fair trial in violation of sections 6(1) and 6(7) of the Belize Constitution.
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(g) A Declaration that the decision of the Chief Education Officer, Maud Hyde, Suspending the claimant from her job as Principal at ESTM, infringes the claimant's right to work in violation of section 15(1) of the Belize Constitution.
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(h) A Declaration that the investigation and the Report of the Investigation, Team, appointed by the Minister of Education, entituled “Report of the Investigation at Escuela Secundaria Tecnica Mexico March 11th — 13th 2008” is illegal and unlawful because the proceedings of the said Investigation Team breached the claimant's right to be heard (audi alteram partem) and the claimant's right to be heard by an unbiased managing authority.
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(i) A Declaration that the Report of the Investigation Team, appointed by the Minister of Education, is illegal and unlawful because the said Committee breached the claimant's procedural end substantive legitimate expectation that an investigative committee duly appointed by the Managing Authority, would have been unbiased and would have acted fairly during the conduct of the investigation.
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(j) An Order for damages for the defendants' violation of the claimant's constitutional and other rights and for the defendants' breach of their statutory obligations to the claimant.
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(k) Such other orders and relief as the court may think just to the peculiar circumstances of this case, including an order for the defendants to pay all the costs of the claimants in this application.
The claimants in both actions filed witness statements and affidavits with forty one exhibits. The affidavits were filed for the application for Judicial Review and also for an injunction. Jaunita Lucas in Claim No. 252/2008 filed four affidavits and a witness statement on behalf of herself. The affidavits are from Narda Garcia, Adrian Cowo, Almadeli Castaneda and Vilma Garcia. For Celia Carillo she filed a witness statement in support of her claim and also four affidavits from Nardia Garcia, Adrian Cow, Almadeli Castaneda and one by Ms. Vilma Garcia. The claimants were cross-examined and the witnesses in addition to their affidavits gave viva voce testimony.
As for the defendants, they filed three affidavits from David Leacock and an affidavit from Elbert Lopez. There is also one witness statement from Mr. Oscar Santana. These witnesses were all...
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