Teika v Teaching Service Comission [2013] SBHC 93; HCSI-CC 26 of 2012 (19 July 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 26 of 2012

BETWEEN:

Johnson Teika
Claimant

AND:

Teaching Service Commission
First Defendant

AND:

Rennell and Bellona Province Education
Authority
Second Defendant

Ruling : 19 July 2013

Ms Ramo for Claimant
No appearance by Defendants

RULING ON PRE-TRIAL CONFERENCE

Mr. Johnson Teika is a School teacher ("the Claimant"). He was recruited and posted at New Place Secondary School. He was suspended from duties by the Second Defendant. But he was later terminated from his post by the First Defendant. He filed this claim for judicial review of the decisions by the Second and the First Defendants.

On 2 February 2006, the Claimant was appointed to be the Principal of New Place Secondary School in Rennell and Bellona by the Second Defendant. His duties and the terms of conditions of service were in a letter, which he and the Provincial Secretary signed on 2 February 2006. That appointment was confirmed by the Permanent Secretary of the Ministry of Education, Human Resources and Development on 29 July 2007.

On 6 June 2011, the Second Defendant suspended the Claimant from his position due to complaints by his students. There were also complaints of insubordination and low standard of work performance levelled against the Claimant by the Second Defendant.

The Second Defendant reported the complaints against the Claimant and his suspension to the Permanent Secretary of the Ministry of Education, Human Resources and Development. On receipt of the report, the Teaching Service Commission met and considered the same. The Commission terminated the teaching contract, which the Claimant signed with the Second Defendant. The Defendants have never asked the Claimant for his response.

It is obvious to this court that the Claimant was not given an opportunity to answer the allegations levelled against him by the Defendants. There is breach of rules of nature justice. There triable issues in this case which are to be heard and decided during the trial. The case is accordingly set for mention on 25 July 2013.

THE COURT