The way has now become clearer for a Senior Teacher at the Queens School in St. Andrew, to be reinstated in his job, after being fired by the board in 2012.
The teacher, Hubert Smith, successfully challenged the dismissal, and also fended off another challenge by the school's Board.
Mr. Smith was dismissed by the Board of the Queens School based on irregularities in the Caribbean Examination Council (CXC) School Based Assessment (SBA) papers for some of his students.
He appealed this decision at the Teachers Appeal Tribunal and was successful.
However, the school board went to the Supreme Court to challenge the decision of the tribunal, by seeking leave for Judicial Review.
The Supreme Court granted the board this leave, but Mr. Smith went to the Court of Appeal to challenge that decision.
On Thursday, the Court of Appeal ruled in his favour.
His appeal was successful on two grounds. One was that the Personnel Committee which held the hearing for his dismissal was improperly constituted, and in breach of the Education Regulations.
The second was that the principal who was the complainant, was present and participated in other hearings of the Personnel Committee, which was also in breach of the Education Regulations.
The Court of Appeal agreed with Mr. Smith's attorney, Andre Earle, that based on the breaches, the decision to fire him was null and void.
Meanwhile, Mr. Smith's attorney explained the next step.
"We have written to the Ministry of Education and we have demanded Mr. Smith's immediate reinstatement to his position as senior teacher (of Principles of Accounts) at The Queen's School. We have also demanded his outstanding monies from the period of September 2012 to date," the attorney outlined.
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