Vhandel (Owen) v Board of Management, Guy's Hill High School

• Jurisdiction: Jamaica
• Judge: DOWNER. J.A. , HARRISON. J.A: , LANGRIN. J.A: , DOWNER. J.A.:
• Judgment Date: 07 June 2001
• Neutral Citation: JM 2001 CA 26
• Judgment citation (vLex): [2001] 6 JJC 0703
• Court: Court of Appeal (Jamaica)
• Date: 07 June 2001

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE DOWNER, J.A THE HON. MR. JUSTICE HARRISON, J.A THE HON. MR. JUSTICE LANGRIN, J.A

SUPREME COURT CIVIL APPEAL NO 72/2000

BETWEEN:

OWEN VHANDEL

APPELLANT

AND

THE BOARD OF MANAGEMENT GUYS HILL HIGH SCHOOL

RESPONDENT

Owen Vhandel in person

Nicole Foster-Pusey, Assistant Attorney-General and Cheryl Lewis, Crown Counsel for the respondent Instructed by the Director of State Proceedings

JUDICIAL REVIEW - Teacher - Termination of temporary employment - Application for Certiorari and Mandamus - Whether termination of services unlawful - Whether breach of rules of natural justice

DOWNER. J.A.

1 Mr. Vhandel, a trained teacher, he being a graduate of Mico Teachers College, moves this court to set aside the order made by Harris J. refusing his application for certiorari and mandamus in the Supreme Court. Mr. Vhandel formerly taught at Rusea's High, Garvey Maceo Comprehensive, Vere Technical High and Immaculate Conception High School.

2 The order of the learned judge reads:

" UPON THE originating Notice of Motion dated 13fh day of January, 2000 coming on for hearing this day and after hearing Mr. Owen Vhandel appearing in person and Mrs. Cheryl Lewis and Mrs. Susan Reid-Jones, Attorneys-at-Law, instructed by the Director of State Proceedings, Attorney-at-Law for the Respondent, IT IS HEREBY ORDERED that:-

• 1. The Motion be dismissed."

3 Her Ladyship's reasons are set out succinctly and were as follows:

"The employment of a teacher who holds temporary appointment may be terminated by one month's notice given by the board with reasons for such notice stated.

In your case your appointment was temporary and by letter dated 22 nd March, 1999 under the hand of the Chairman of the Board you were given the requisite notice terminating your employment, the letter of 15 th March, 1999 having been withdrawn.

A statement contained in the letter of the 22 ^nd March, 1999 clearly shows that a reason was given for the termination of your employment. There is nothing to show any illegality or impropriety on the part of the School Board.

The motion is dismissed."

4 Mr. Vhandel has sought to challenge this Order on appeal. In addition to her reasons the notes of evidence were adduced. They will be referred to later. Of special importance was the pertinent exchange between the appellant and the bench in the Court below which will be referred to later.

5 A good starting point of an inquiry into the relevant facts of this case is the letter dated 22 nd March 1999, from the Board of Management of Guy's Hill High School (the "Board"). It reads thus:

"Mr. Owen Vhandell

Guy's Hill High School

Guy's Hill P.O.

ST. CATHERINE

Dear Mr. Vhandell

The Board of Governors wishes to withdraw the letter sent to you dated March 19, 1999.

Please be advised however, that because of your continuous non-performance and other matters that the Principal and the general Administration of the school have discussed with you on several occasions - the Board Is left with no option but to terminate your temporary appointment effective April 30, 1999.

You will receive April's salary at the Ministry of Education, National Heroes Circle, Kingston. Please note here however, that you are not expected to perform any further duties at this school.

Yours truly

Clive Mason

Chairman

c.c. Ministry of Education"

6 This is the letter which it is contended ought to be quashed.

7 Prior to that, seven days before, the Principal wrote a long letter dated March 15, 1999 to Mr. Vhandell (the "appellant") listing his misdemeanours There are eleven such instances. The letter began thus:

"Dear Mr. Vhandell

Since you joined the staff in October 1998, it has been an uphill task in re-tooling and re-orienting you to operate orderly and effectively at the school.

You experienced serious difficulties in performing within the boundaries of the organization and in associating peacefully and professionally with your colleagues and administration. You also found it difficult if not impossible to teach your classes without telling all sorts of rude sex jokes.

Please be reminded of the catalogue of events leading up to and including your outburst and calumnious attack on me in the office in front of Teachers, parents and Students on the ... 11 ^th of March 1999.

8 Then these eleven incidents are particularized and I will give one and eleven as examples at this stage:

• 1. November 4, 1998 you had an altercation with Mrs. Hamilton Head of English Department, and it was subsequently reported to my office that you were most disrespectful and rude to her. The Acting Vice-Principal and I met with you and discussed the expectations of the school community and the level of professionalism we expect from you. You did not recant.

  ...

• II. On March 11, 1999 the Vice-principal brought me a copy of a letter that you have been circulating, seeking parental consent for a trip to Kingston scheduled for that day. I advised you to withdraw the letter and also not to remove the students off campus. By then, a number of students were milling expectantly at the front of the school. It is during this time that you exploded before the Guidance Counselor, Parents, Teachers and students in a barrage of negatives traducing me in a most disgraceful manner. You also repeated several times "I am not an easy man, you don't know me".

  Please be informed that this behaviour cannot be allowed to continue.

  In closing please be reminded that your report of the student who suffered the broken leg because of your indiscretion and your further attempt in covering it up is not yet in this office. Please act speedily as the student's parents are extremely angry at your carelessness and awaiting our investigation."

9 There was a meeting of the Board of Governors on March 17, 1999, and the minutes are of importance. The caption reads:

10 "MINUTES OF MEETING OF GUY'S HILL HIGH SCHOOL BOARD OF GOVERNORS CONVENED ON MARCH 17, 1999 IN THE HOME ECONOMICS CENTRE COMMENCING AT 3:50 P.M.

11 Present were:

Chairman	-	Clive Mason
Principal	-	Timothy Bailey
Admin. Staff rep.	-	Sylviana Garriques
Ancillary Staff rep.	-	Oswald McCormack
Student Council rep.	-	Hubert Lushington
Board member	-	Herbert Gariques
-	Lloyd M. Hay
P.T.A rep.	-	Franklyn Brown
Education Officer	-	Valerie Clarke-Ellis
Secretary	-	Paulette A. Walker"

12 The relevant parts of the minutes read as follows:

" Chairman's Welcome : The Chairman welcomed all members present. Special recognition was extended to Mrs. Ellis, who was attending from the Ministry of Education at Special request by the Board, in order to give expert advice on two special disciplinary matters."

13 Then comes the relevant section pertaining to the appellant:

" Special Disciplinary Matters:

• 1. Mr. Owen Vhandel - teacher, temporary/acting

• 2. Mr. Ainsworth Forsythe - teacher

  • a) The Principal gave an official report of the indiscipline of Mr. Vhandel. The matter was deliberated at length. As a consequence of Mr. Vhandel's non-performance and other matters, a unanimous decision was taken to dismiss with immediate effect and that he be advised to collect his April 1999 Salary in lieu of one month's notice at the Ministry of Education - Head Office.

    At this point - 4:25 p.m. the chairman on behalf of the Board thanked Mrs. Ellis for her assistance. She left the meeting. Mr. F. Brown also left."

14 As regard non-performance, item 2 of the letter of March 15, 1999 reads:

"2. it was also brought out in the same meeting that you refused from handing in lesson plans even though they were requested of you repeatedly."

15 Then item 9 of the same letter reads:

"9. On February, 1999 Miss J. Davis - Acting Head of English Department experienced a severe "tongue lashing" from you because of your refusal to follow departmental procedure. The matter of your inability and refusal to do acceptable lesson planning was also resurfaced. There is an on-going battle to get you to accept the authority of your Department and conform to basic school rules - e.g. not taking students off campus without permission from parents."

16 Three other charges made by the Principal in the letter of March 15, 1999, are being mentioned to show the seriousness of the allegations being made against the appellant which caused the strained relations between the principal and staff on one nana and the appellant on the other:

• "4. On December 2, 1998 Mrs. M. Thomas - head of Art and Craft and Grade Seven Coordinator reported to me that she was verbally abused and humiliated by you. During the vituperations you referred to her as "wrenk" and as a "gal". You did this because she spoke to you while you were removing books from the library without authority or documentation. Please note that it was after school when the library was being cleaned when you entered and surreptitiously removed these books. In our meeting on this matter you were non-apologetic and said that it was Mrs. Thomas who provoked you and said that you were not a thief and you were going to return the books. You also said that because you were new all the Senior Teachers were picking on you. I allayed this fear and offered further help on your professional development.

• 5. On December 9, 1998 you orchestrated an outburst in the staff room hurling abuses at Mr. C. Stewart - Head of the Social Studies department and accused him of being incompetent and inept. The entire staff was hurt because of your insult and lack of respect shown to a senior member of our organization. On another occasion there was an altercation with Mr. H. Garriques past teacher, now Vice-Chairman of the Board in which you openly and repeatedly referred to him as an "asshole." In a subsequent meeting on this matter you were non-repentant...