Government Unsuccessful In Privy Council Appeal
Monday 14th May, 2018 –Government lost its final appeal today in a case involving former Executive Secretary of the Board of Education, D. Gisele Isaac who is seeking to file suit against the Attorney General Steadroy Benjamin and Education Minister Michael Browne.
The London based Privy Council; Antigua and Barbuda’s final court of appeal, ruled today that it dismissed the appeal on the grounds that Isaac’s fixed date claim was for declarations and damages and not for judicial review for which leave was required.
In 2015, the High Court ruled that Isaac had the right to have her matter involving her dismissal from the Board of Education heard in the High Court and not in the Industrial Court as attorney for the government Sir Gerald Watt had contend.
Dissatisfied with the High Court ruling, government appealed the judgment in 2016. But the Eastern Caribbean Court of Appeal upheld the High Court ruling, leaving government through its attorney to mount yet another appeal to the Privy Council.
Isaac was suspended from the BoE on July 18 2014, for 28 days. Upon her return, she discovered the locks were changed to her office.
The former executive secretary maintains the Minister of Education did not have the right to instruct her, as he claimed; that Natural Justice was not followed in that she was not allowed a hearing in the investigation that followed her suspension and which was the basis of a report and that the report being leaked on radio damaged her reputation.
Today’s ruling from the London Court now means Isaac can move forward with the matter in the High Court. She is represented by Queen’s Counsel Justin Simon.