est. 2007

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Poor Judgment by Public Service Commission

The supposed conclusion to the long-running Alexandra debacle appears to have caused more problems than it would have solved. Some might argue, and I am tempted to agree, that the resolution imposed by the Public Service Commission (PSC) has solved nothing. It would appear that the PSC attempted to settle the internecine warfare that was…

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Caswell Franklyn, Head of Unity Workers Union
Caswell Franklyn, Head of Unity Workers Union

The supposed conclusion to the long-running Alexandra debacle appears to have caused more problems than it would have solved. Some might argue, and I am tempted to agree, that the resolution imposed by the Public Service Commission (PSC) has solved nothing. It would appear that the PSC attempted to settle the internecine warfare that was being waged for years by awarding neither side a victory.

The cowardly solution has resulted in over twenty teachers, including all but one of Alexandra’s management team, being transferred and scattered throughout the Teaching Service. It has proven to be unpopular with a majority of those involved in this unsightly mess. Also, it would appear that the PSC did not consider or paid blatant disregard to the harm their actions would be inflicting on the students who are about to take examinations. The teachers will get over the effects of the transfers with time; but the harm inflicted on the children is potentially devastating on those 4th, 5th and 6th form students whose future could very well be affected.

The harm to the education system and the children aside, the justice system in this country could be irreparably damaged by the fallout from the ill-advised actions of the PSC. The Waterman Commission made recommendations for limited transfers, but unfortunately, the PSC went overboard and transferred/punished most, if not all, of the teachers that appeared before the commission of inquiry as witnesses.

In our justice system, witnesses are only punished if they were found to have committed perjury. In this case, the geniuses that comprise the PSC have sought to punish not only the guilty but also the witnesses. We should not be surprised if people shy away from giving evidence at any other commission of inquiry or worse yet if they refuse to testify at criminal trials out of fear of repercussion from the precedents set in this case. Truthful witnesses before our courts and commissions should not be discouraged from giving evidence. That is not the way our justice system should work.

The PSC is well advised to undo the harm that has been inflicted before it takes root. Failing that this country will suffer long term for the ill-advised punitive transfer of teachers who did their civic duty by giving evidence.

Oh! By the way, members of the PSC, you can do this country a service by handing in your resignations: you have lost all credibility.

215 responses to “Poor Judgment by Public Service Commission”

  1. David Avatar
    David

    Which ever side we find ourselves in this debate what is clear is that action had to be taken. Whether to transfer 4 or 5 key players or smash the culture by parachuting many bodies (teachers) is open for debate. The politics will cause discussion to run on this matter for years to come.

  2. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    Mr. Franklyn – could not have agreed with you more. I have found with my people that emotionalism, particularly in the face of what we perceived to be an injustice to our person or an affliction to our pride tends to manifest itself in feelings of vengefullness instead of the application of sensible-ism and logical reactions. How else can you describe the decisions of the PSC to deliberate that the best outcome is to remove the disgruntle and the main source.of the contention without determining what possible effect or repercussions such a decision will have on the psyche of the teachers and worse yet that of the school children. What I think would be a better solution is to reevaluate the competency of those we put in positions of resolve and management to determine their efficacy and know-how when dealing with sensitive issues or any isse. To many situatons have arose in my little island that has been dealt with quite ‘poo pawish-ishly’ and yet the continuance of those who magnify the wrong goes untouched. What is the purpose of acheiving high academic qualifications if the effectiveness of the degree is nullified arbitrarily and by an act of active ill will. ONe example that comes to mind is the public disclosure of our top cop and the blame he cast on or attributed to the uncooperative behaviour of the two Bristish females. It is clear that the Alexandra debacle has now passed the smoke phase and here now comes the FIRE:

  3. Cannot be misled Avatar
    Cannot be misled

    Who employs the teachers and principals at the public schools in Barbados? Are the teachers self employed? Look the government is the employer of the wild bunch we are dealing with and as such possesses the lawful authority to tranfer them if its considered better for the education system. Otherwise we have chaos where the patients run the asylum. Civil servants are tranferred in numbers daily.

    Every one of the teachers in question was part and parcel of disruptive groups at AX including Broomes, he had his ass lickers too. The COI proved eye opening for taxpayers and was worth evey cent spent.The breaking up of the disruptive groups is beneficial for AX, it benefits the education system. The tranfers guarantee that the most important stakeholders the AX children settle down, and its good for the teachers because they can start afresh and put the disrgaceful long running fiasco behind them.

    The tough decison taken by government is a balanced solution, its one for which an initial uproar was unavoidable. When heads and tempers cool all will see it was the practical solution to a vexing problem thats been with us much too long.

  4. Caswell Franklyn Avatar
    Caswell Franklyn

    Cannot be Misled

    Please explain how the children who are preparing for examinations will benefit from the transfer of their teachers, in circumstances where the replacements do not teach the same subject as the one that they replaced.

  5. Caswell Franklyn Avatar
    Caswell Franklyn

    Reblogged this on Caswell Franklyn’s Weblog.

  6. Bush Tea Avatar
    Bush Tea

    On the ball again Caswell….. (Mr Chairman SIR! 😉 )

    A word of advice to those who cannot be misled and all seeking to justify this IDIOCY…..
    STFU. (Stop Talking Foolishness yoU 🙂 )

    This is the single most stupid decision that has been taken in education in Barbados since we allowed the World Bank to force us to change our schools to a full CO-ED model back in the 1970’s …..in order to access a few pissy loans….thanks to Tull and Billie.

    The persons to be disciplined at this stage are:
    The CPO
    The Minister of Education
    The Chief Education Officer
    Which ever officers in the Ministry are responsible for that school, and failed to do their duties…

    …..the (hopefully intelligent) new appointees should then be given the chance to deal with the specific petty issues that started the whole thing.

    If the breaking up of the AX group benefits that school, does the breaking up of INNOCENT teachers like the man at PM not disrupt and retard THAT school…..
    ….A STUPID DECISION worthy of Brass Bowls.

    Caswell, Who exactly is the PSC now….?

  7. Observing(...) Avatar
    Observing(…)

    @caswell

    I agree the transfer will cause disruption. I agree the timing is far from ideal. I agree that there are alternatives. I agree we have no winners (yet). Now, I have a few questions for you which I suspect you may choose not to answer, but I will start with the two that goes to the root of your thread. If you answer those then I’ll try others.

    Are these transfers punitive??? (I.e. Punishment for some previous action).

    Has the original problem at AX which led to the King and Waterman reports been solved (on the surface)?

    Just Observing.

  8. David Avatar
    David

    And if the transfers are punitive, what were the considerations which determined that Broomes should be transferred to Parkinson School.

  9. Caswell Franklyn Avatar
    Caswell Franklyn

    Bushie

    The members of the Public Service Commission are:

    Mr. David Bowen – Chairman, former DLP Minister & former Deputy General Secretary, NUPW
    Mr. Keith Simmons – Former DLP Minister & Chairman Alexandra Board
    Rev. Cannon Noel Burke
    Mr. Calvin Springer Former Governor of the Central Bank
    Sir. Everton Weekes

    Sent from my iPad

  10. NationBLPnewspaper Avatar
    NationBLPnewspaper

    The Nation newspaper has been predictably one sided and negative in their coverage of the Alexandra issue. From day one, we had for the first time in Barbados history, a newspaper doing a countdown on a sitting Prime Minister (remember Days to Stage 2). The Nation would never have pulled that stunt against their journalistic boss and pimp – The BLP.
    Now every single article has been negative – from quoting anonymous sources to suggesting that children will not be taught or that cricket at Alexandra will be sabatoged. The Nation newspaper is playing a very active role in the BLP election campaign and have been doing so for the last 5 years.
    That is typical of the Nation newspaper’s coverage of this government – criticise them when there is no action and then when a decision is made, look for all the negatives to highlight. The BLP allowed this Alexandra and Barrack issue to fester but if you read Sanka Price and the others at the Nation, you would beleive that everything that we are currently grappling with was caused by this government. The Nation newspaper has no shame.

  11. Caswell Franklyn Avatar
    Caswell Franklyn

    Observing

    I only fail to respond to your questions when I realise that you already know the answers. On the surface, the transfer of Broomes, Amaida Greaves and Gail Streat-Jules appear to be punitive. But there are more, many of the transfers from the other schools to Alexandra were also punitive. It is my understanding that most of those transfers had problems with their principals. I am told that one of those teachers has taken his principal to court for defamation.

    Sent from my iPad

  12. Caswell Franklyn Avatar
    Caswell Franklyn

    You should also note that CBC did not cover the story.

    Sent from my iPad

  13. Additiional Services Avatar
    Additiional Services

    @ Caswell

    In my opinion you are nothing more than a chronic complainer, nothing is every good enough for you. All you can see is the negative, never the positive. You must be a pain in the ass to live with and I am sure your wifes life is made a constand misery by your daily complaining.

    Not long ago you complained that the COI was a bad idea, had no legal standing and could result in no proper or legal action against the teachers. Now you are complaining that the PSC has gone too far beyond the recommendations of the COI. All over the blasted place like Poonka.

    Prior to PSC action, you also complained that this coming school term and the children of AX was going to be affected by lack of action by the DLP Government & MOE to deal with the problem at AX. Now that action has been taken you jump up and down like a foolish orangatang complaining that there will be negative consequences.

    Decisive action usually, if not always, has consequences. Seems to me what you where hoping for was a solution without consequences, if correct, then clearly your not a natural born leader and problem solver.

    To the teachers: who want to teach, then teach. Who want to go to Court, go to Court but teach. Who want to retire, then retire. But those of you who want to be reckless and further disrupt the teaching environment, then be prepared to be FIRED.

  14. Observing(...) Avatar
    Observing(…)

    @caswell
    Thanks! Now, Broomes’ transfer was recommended and expected. Greaves’ transfer was common sense under any circumstances. Streat-Jules and maybe others could be considered necessary given the “irreparable” damage done to the relationships and the need for a full resolution. That’s only 3 out of 20 that “may” be punitive.

    Regarding the other teachers…”It is my understanding…” does not a reasonable case make. I’ve been told that the names of ALL teachers at ALL schools with ALL the subjects they were qualified to teach was sent to the “authorities.”. 22 out of maybe 1000 teachers were chosen by the authorities. Facts are needed to show they were punitive. If specific ones have legitimate cases (such as the PM guy) then they can and should be brought forward…properly. How many of those actually going to Alexandra have such a case? Btw, I absolutely believe that everyone’s comfort and professional dislocation is a legitimate concern, but, the way this saga broke and how it was handled discomfort and dislocation were inevitable.

    I’ll help your post with a statement rather than a question.

    How could the chairman of the Board of AX, who also sits on the PSC and testified before the commission be involved in transfers in and out of the school for which he is legally responsible for enacting Ministerial policy? Especially since he is one of the contributors to the original problem as shown at the inquiry?

    If you want to bark up a tree then that’s where you should start. “Fighting” the entire PSC and the decision is a dead end. If you doubt me go ask Mary.

    Just observing

  15. Caswell Franklyn Avatar
    Caswell Franklyn

    Additional Services

    You got me all wrong: I complain when I see things to complain about. I have the perfect wife so I have absolutely nothing to complain about at home. That is why I have so much time to comment on the bloody incompetents that have taken over in almost all aspects of national life

    Sent from my iPad

  16. ac Avatar
    ac

    Well said! additional services. in every post Caswell is singing a different tune! now everybody is the victim.this guy has a “yoo!yoo! mentality.it seems like everypost has him distancing himself from what he said in previous post.now he launches his attack on the PSC the same PSC that caswell said had the right to make changes/albeit it is not to his liking so now he whistle another tune. what leader flip flops on his own comments

  17. David Avatar
    David

    @Observing(…)

    How do you know Simmons did not recuse himself from the meeting(s) which considered the transfers? What is the quorum for a PSC meeting?

  18. Caswell Franklyn Avatar
    Caswell Franklyn

    Observing

    You seem not to get my point: I am saying that the transfer of the three that I mentioned are punitive on the face of it, not that there were not others. How do you respond to the facts that a biology teacher is set to replace a chemistry teacher, and that a French teacher is transferred to a school where that subject is not taught?

    Sent from my iPad

  19. Additional Services Avatar
    Additional Services

    @ Caswell

    But if you’re not a part of the solution, you are a part of the problem.

    I never see you offering (to poor ole Barbados) your committment to national life, why not? Tell me Caswell have you ever contributed to Barbados to make a better place, and don’t tell me complaining cause that shit don’t waste with intelligent people.

    Man listen, any jackass can complain and find something to complain about. You don’t have all the facts, do don’t know all the law, you don’t know all the considerations that went into the descision, so what makes you feel you is only one who know what is the correct solution(s)?

    Stupse!!!!

  20. Caswell Franklyn Avatar
    Caswell Franklyn

    Additional Services

    I have given my opinion and you are free to disagree, but where does that give you the right to be offensive to me.

    Sent from my iPad

  21. David Avatar
    David

    @Caswell

    Receiving a teacher trained in Biology to replace a Chemistry teacher may still provide for flexibility in finalising the timetable ie. Existing staff resources may allow for flexibility in finalising the timetable.

  22. Additional Services Avatar
    Additional Services

    @ Caswell

    “How do you respond to the facts that a biology teacher is set to replace a chemistry teacher, and that a French teacher is transferred to a school where that subject is not taught?”

    You don’t feel the PSC and MOE might know about those things than you and the general public?

    If Broomes, Greaves and Street-Jules have been given punitive sanctions, whether obvious on its face or not, who gives a flying shit. Their behaviour at AX was horrible and it affected the children and it necessitated forceful action.

    You imagine a headmaster of a school, someone who support to a responsible and trustworthy and sensitive individual in authority could admit under oath, that he don’t read anything from a Union representing teachers and that he does ball of the envelope containing correspondence from the Union and does pelt it in the garbage bin?

    Anywhere else in the world, Broomes was have been FIRED. He deserved to be FIRED. But all is not lost cause if he don’t report to Parkinson School, then I am positive he will be FIRED.

  23. millertheanunnaki Avatar
    millertheanunnaki

    @ NationBLPnewspaper | January 4, 2013 at 9:56 AM

    So you and your DLP cronies are at permanent war with the Nation newspaper?
    You believe that the goal of this newspaper is not to sell stories and advertising space to make a profit but is hell bent to bring down the Stuart led DLP administration.

    Now if you believe that the Nation newspaper and its principals are on a mission to remove the DLP from office why not go on a vendetta to hurt the commercial interest of that tabloid?

    Listen to this, DLP Town Crier: There are upcoming general elections where much money will be spent in advertising and party propaganda. You must therefore instruct your PR people NOT to place any adverts whatsoever with the Nation newspaper.
    Let them rely totally on the BLP for adverting revenue at this time of the year.
    You can give your business to the Advocate and CBC.

    Let us see you PUT your blasted money where your silly mouth is always running against this tabloid like a sick nigger backside.

    WE DARE YOU!!

  24. Checkit-Out Avatar
    Checkit-Out

    Caswell; an excellent article that gets to the root of the problem
    Bush tea; an excellent post also
    Observing; re. your 1st question; It appears to me that the transfers of most of the teachers to AX might not have been punitive in intent but I might be wrong. However, in most of these cases they actually turned out to be a form of punishment but some research would be necessary to determine if the MOI or SC had any prior issues with some of the transferees to determine if the Ministry or their heads had previous issues with them or if they supported a particular party (I know of 2 who reportedly supported the BLP).
    The transfers from AX of the teachers who testified at the COI in favour of Broomes and who have not been implicated in any wrongdoing, afaik, appears to have been totally and demonstrably punitive in intent.
    The transfers from AX for the anti-broomes protagonist ringleader teachers appeared to have been promotions on the surface but might arguably be considered punitive. The Transfer of Broomes himself was definitely punitive, imho. The transfer to Parkinson when there were 2 vacant principal posts available for transfer cements that view.

    Re. the second question; has the original problem at AX been solved. I think yes. The protagonists have been removed. But the solution is actually an excellent example of the “throwing out the baby with the bathwater” syndrome. It will haunt the “body education” for years to come.

    But Caswell, I have my own question for you. I think I recall your saying on Brasstacks that you had seen some of the transfer letters and they essentially stated that;
    The GG in accordance with the advice of the PSC has transferred you etc, etc,……….. or words to that effect.

    Who signed the letters?
    Was it the GG himself?
    There was an interesting article in last night’s Barbados Today that suggested that the letters had to be signed by the GG himself to be legally watertight and exempt from legal action and that no mere functionary in the MOE would do as the signatory. Who signed the ones you saw? Was it someone from MOE? Was it someone from the GG’s office? Did the person who signed do so FOR the GG and were they authorized to do so?

  25. Observing(...) Avatar
    Observing(…)

    @david
    Sometimes the illusion counts for more than the reality. Remember the PSC board changed midstream in this saga.

    @caswell

    Proving that action is punitive requires cause, effect, intent and consequence. Can you factually provide such for any specific person?

    Re the shifts,
    Almost all teachers are qualified to teach subjects other than what they daily do. Erego, the Biology teacher may be qualified to teach Chemistry (or even Maths!) and vice versa. In the case of the French teacher with no French programme, then all the more free time for her to innovate and develop the Spanish! The only real case is Jordon who worked with a specialised internal programme specific to his school.

    Irrespective of the above though, a school has teachers, working based on a timetable, based on subjects and classes allocated, all of which can be modified to effect the desired (or imposed) programme of the school. The Principal is the chief and bottle washer where this is concerned. Jeff proved this, lol. The Heads of the Departments are the cooks. We should give Messr Alleyne a chance to prove his mettle and ease yours (and others’) concerns rather than just criticising. If there are legitimate cases with grounds, let’s debate them openly on their individual merit.

    Barbados wanted AX resolved once and for all. It has been (pending Jeff’s letter). Let’s move onto the new set of worms the resolution has unearthed.

    Just Observing

  26. Additional Services Avatar
    Additional Services

    @ Caswell

    I am not being offensive to you. I am be forceful in my rebuttal.

    I challenge you to look at the decision of the PSC and determine how the actions taken by them could be ultimately beneficial to teaching service generally? I dare you.

    A PS recently told me that in an attempt to bring someone order to a Ministry, he tried to enforce certain procedures and rules.

    One worker, with 20 years in the service complained bitterly that:

    1. She can’t get to work until 9.30, got to take the children to school.
    2. She needs a minimum (and has been taking the minimum for a very long time) of an house and a half for lunch.
    3. She has to pick up her children from school on any evening and drop them home.
    4. She has to get home by 4pm to prepare food for her children and husband.

    Here are her work hours, 5 days a week:-

    9.30 – 11.30 Work (2 hrs)
    11.30 – 1pm Lunch
    1pm – 2.30 Work (1.5 hrs)
    2.30 – 3pm Break to pick up children
    3pm – 3.30pm Work (0.5 hrs)

    You feel she want to job or furthermore deserve one?

  27. Bush Tea Avatar
    Bush Tea

    Look David,
    THE VERY FACT of effecting such disruptions at the beginning of term 2 when everyone knows of the challenges of SBA deadlines; when the syllabi are in the middle of completion by different teachers who use different methodologies; and when the REAL VILLIANS who NEED URGENTLY to be disciplined, sorted out, and transferred are the high level management jokers who have FAILED MISERABLY to address what initially was a SIMPLE HR issue.

    Trying to defend these idiotic transfers now, sounds just like the donkey of a COP defending the charge against that man for raping the two tourist…. It makes the defenders sound like BRASS BOWLS…. While those REALLY responsible remain untouched!

    The thing to do is to APOLIGIZE for the mistake and take more SENSIBLE action…….
    ….like fire the bla$ted MOE and transfer some of the top idiots at his ministry.
    THEN let the new minister have a go at a sensible interim solution and work out a well articulated longer term one…..shhhhhhh! How hard is that…?

    ….and it ain’t no sense cursing Bushie cause bushmen don’t care!….. and in any case, Bushie will be ANTI BLP until Arthur explains that cheque, and clear up allegations about VECO, 3S, Hardwood and other issues…. And he will be Anti DLP until some kind of sensible and assertive leadership is provided by that party.

  28. David Avatar
    David

    @Bushie

    What you are saying many will agree BUT however you spin it pain can’t be avoided here.

  29. Bush Tea Avatar
    Bush Tea

    @ Observing who said;
    “I agree the transfer will cause disruption. I agree the timing is far from ideal. I agree that there are alternatives. I agree we have no winners”
    **************************
    …..so what more is there to say?
    It matters not if the actions are punitive….
    If the problem was a set of cancers at AX have you solved it by distributing these cancers throughout the whole school body?

    Would it not have been better to apply Chemotherapy in one place at the root of the problem? You ever heard a doctor take off a bad toe and attach pieces to other healthy parts of the body as a cure yet?

    ….like bushie gotta observe you Observing…you sounding more and more like a politician…. 🙂

  30. Bush Tea Avatar
    Bush Tea

    @ David
    You can always tell a fool….. Always in some kind of pain!
    – Trying to take short cuts
    – Dealing with symptoms rather than root causes
    – Looking to make peace, rather than provide JUSTICE
    – Throwing good money after bad
    – picking on the weak rather than the GUILTY

    Bushie is NOT trying to avoid pain David
    Bushie WANTS to inflict pain ….on the backsides of the GUILTY
    …not on those who Bushie can beat up just because they are weak
    …not on those who have been playing by the rules
    …how much pain in being transferred to HC to teach people like GP?
    …how much pain in just going to another Principal Job with the same salary?

    Bajans are too simple minded for their own good….easily lead to our demise like the sheep we are….

  31. Caswell Franklyn Avatar
    Caswell Franklyn

    Observing

    You cannot employ a person to teach Chemistry and then assign that person to teach any other subject. That is tantamount to dismissal. It does not matter if the person has the highest qualification possible in the other subject: it is just not their job.

    Sent from my iPad

  32. Smooth Chocolate Avatar
    Smooth Chocolate

    @The cowardly solution has resulted in over twenty teachers, including all but one of Alexandra’s management team, being transferred and scattered throughout the Teaching Service. It has proven to be unpopular with a majority of those involved in this unsightly mess. ”

    the transfers are only being called ‘cowardly solution’ because Broomes as well as 20 teachers are being transferred. if it was just Broomes the BSTU would have been rejoicing and so too Mr. Franklyn.

    what i failed to understand is how come that Franklyn and the BSTU could not understand that the wider public and those in authority could see that the problem was not so much with Broomes but with the total lack of respect for their, students and team spirit from those teachers? i am sure that Greaves’ transfer to harrison college has no impact on her, is she not on pre-retirement leave? also i am glad that she is no longer at AX because no one dared to mention the fact that the pivotal reason she did not teach that class, had LITTLE to do with Broome and more to do with an innocent child who’s dad is her close relative…

    the BSTU and Redman are totally embarrass we know. when the newspaper leaked that Broomes was to be separated from the school, she was in the paper rejoicing and ‘pompasetting’, not knowing that the other important issue (i.e. the teachers who disgraced the school and their profession would also be transferred) was purposely kept from them. good job MOE, PSC, and EVERYONE involved in getting them out of AX

  33. Observing(...) Avatar
    Observing(…)

    @Bushie
    “Would it not have been better to apply Chemotherapy in one place at the root of the problem?”

    You sound like you calling for the PM’s! If I take you at face value, then I would have to say that the ENTIRE education system has symptoms of the cancer and ALL teachers at ALL schools and ALL principals and Ministry officials need shifting around and some instantly FIRED! While we’re at it ABOLISH the 11+, amend the ENTIRE school curriculum and seriously look at building 2-3 special schools for the “special” children that bring “special” challenges. In addition divert money to early education rather than later education and on top of that, implement teacher evaluation IMMEDIATELY and present time limited contracts based on performance. Ya hard ears? go home!

    That’s the type of Chemotherapy needed to BEGIN to address the REAL cancer and I’m all for it whenever you are. By the way, how much “dislocation and discomfort” do you think a cure like this would bring and how long a period of treatment would be necessary??

    I hope whenever the time comes this “politician” can get your vote. 🙂

    Just observing

  34. Smooth Chocolate Avatar
    Smooth Chocolate

    @Additional Services | January 4, 2013 at 10:50 AM |
    @ Caswell

    “How do you respond to the facts that a biology teacher is set to replace a chemistry teacher, and that a French teacher is transferred to a school where that subject is not taught?”

    are u ignorant and retard and the same time? aren’t these teachers qualified in other areas? when u apply to teach, u rarely apply to teach a particular course and even if you do, you also have certificates to teach other subjects…poppit

  35. David Avatar
    David

    @Bushie

    Understand your frustration posed by the AX and other problems which have been festering for YEARS. It strikes back to your pet issue of leadership which you have ‘championed’ on BU for the last six years. We need to focus on the systemic problem by removing the emotional rants tied to the personalities. A public service which seems to be legislated to function independently yet makes decisions at the behest of the political directorate. Do we have the intelligence or will to change it? We shall see.

    A solution maybe in the offing. Those who continue to play the ass may yet get that 3 AM call.

  36. Observing(...) Avatar
    Observing(…)

    @Caswell
    “You cannot employ a person to teach Chemistry and then assign that person to teach any other subject. You cannot employ a person to teach Chemistry and then assign that person to teach any other subject. That is tantamount to dismissal.”

    You are wrong. Full stop. But I’ll give you a chance to attempt to prove you are right or justify your assertion.

    Tread carefully, you’ve built a strong, credible reputation on representation on knowledge of regulations and on representation.

    Just Observing

  37. Bush Tea Avatar
    Bush Tea

    @ Observing
    Get Bushie’s vote….?
    Skippa, as soon as Caswell start the thing, Bushie lobbying to be your campaign manager for a big pick as some kinda minister of something….

    ….no need to go overboard with the chemo. No one is saying that EVERY problem needs to be addressed instantly, just some oil for the squeaky wheels at AX right mow …. 🙂

  38. Additional Services Avatar
    Additional Services

    @ David

    A question for you and please don’t sit on the fence:

    If Broomes does not turn up for work at Parkinson School at the beginning of the new term and he is not genuinely on sick-leave, what action, if any, should the PSC or MOE take?

  39. Observing(...) Avatar
    Observing(…)

    @bushie
    thanks for the vote man! Just remember the roots of some problems spread far and wide and criss-cross with other trees! Sometimes ya gotta dig up the trees, plough the ground and replant from scratch…

    The wheels at Alexandra might be getting oiled all now, just that we can’t see.

    @additional
    that’s alot of ifs! he got the regular sick days as anyone else. Has to turn in a “sick paper.” The question should be, if that happens without court action. The play is still very much in progress and the actors preparing their scripts!

    Just observing

  40. Caswell Franklyn Avatar
    Caswell Franklyn

    Smooth Chocolate

    You refuse to understand what I have been saying all along. If Broomes were the only one transferred, I would still be opposed to the way that it was done. I have already stated more than once that I consider him to be the villain in this whole affair. But even villains are entitled to due process. You do not give people their rights because we like them and deny those rights to those we don’t like.

    Let me make myself pellucid: if it were my job to deal with Broomes, he would have been home long ago with or without a pension which would rely on him. The difference between the PSC and me is that I would have done it correctly, in accordance with the law.

    Sent from my iPad

  41. David Avatar
    David

    Noticed that Jeff Broomes featured on Carol Roberts Interview this week. The guy is a PR/Media hog say what you like. Coincidentally Farley was interviewed the week before.

    @Additional Services

    If Broomes does not turn up for work on Monday it will be anchored to be sure in a legal foundation given the two QCs representing. The MoE can only fire him if there is no obvious justification for his absence. Broomes will not be that stupid to not turn up for work just so.

  42. millertheanunnaki Avatar
    millertheanunnaki

    @ Observing(…) | January 4, 2013 at 11:58 AM |

    We await with bated breath Caswell’s retort to your rebuttal.
    On the face of it, Caswell’s assertion sounds rather logical and just.
    How can the MoE expect a Chemistry teacher to switch to teach Spanish or Accounts unless he or she has been trained to do such? How will the students benefit from this situation?
    Wouldn’t this be a classic case of a ‘square peg in around hole’ to the detriment of the children’s curriculum advancement and deleterious to the general teaching & learning environment?

  43. Additional Services Avatar
    Additional Services

    @ Observing(…)

    I completely dissagree. Whether Mr. Broomes brings a legal action against his transfer, does not in of itself determine whether he is bound to perform his duties as per the directive given by his employer.

    The commencement of a court action by Broomes in of itself does not give him any legal excuse whatsoever to refuse a directive of his employer. He would need to or should get specific injunctive relief from the Court before deciding is disobey a directive of his employer.

    Any lawyer, QC or otherwise who advises Mr. Broomes to commence a legal and use that action (without the benefit of injunctive relief) as a crutch to justify his refusal to report for duty at Parkinson School is NOT advising his client properly.

    The reason is simple, if Broomes legal action fails and court holds that the transfer was lawful and yet Mr. Broomes refused to perform his duty effective the date of the transfer directive, then he would be guilty of having abandoned his employment.

    mr. Broomes has to be careful he is not made a pawn in a much bigger game when it is clear that all the chips in the game being risked are his.

  44. Caswell Franklyn Avatar
    Caswell Franklyn

    Observing

    You see why I sometimes don’t reply to you: you must know that teachers at secondary schools are appointed to teach specific subjects. Just because they might have knowledge or expertise in another subject does not give the Principal the right to assign them to teach the other subject.

    Sent from my iPad

  45. millertheanunnaki Avatar
    millertheanunnaki

    @ Additional Services | January 4, 2013 at 12:24 PM |

    Here is a ploy that Mr. Broomes can employ to frustrate the political objectives of his detractors.
    Turn up for work on Monday 7th. Report to the MoE that he is not feeling well.
    Visit his doctor and go on continuous sick leave until he is brought before the medical Board or whatever committee is mandated for such review.

    The man has a very good case of being under great stress for the last 12 months. Who can deny that? Only Broomsie himself.
    But it is felt that Broomes wants to prove himself and would try to turn around PMS, if that is remotely possible.

    They should have followed Caswell’s advice in the first place and send the man on early retirement via the PSC / GG route.

  46. pat Avatar
    pat

    Caswell has given us some important information on this issue. However, I take issue with why he thinks that these teachers were transferred because they appeared and gave evidence before the commission.

    Were these not the chief cooks and bottle washers in the mess at AX? Were these not the same who walked out on the principal at the most recent speech day?

    Are the AX teachers without blame? Arent these from the clique of old scholars who thought they owned AX?

  47. Additional Services Avatar
    Additional Services

    @ David

    In David Estwick MP action against the Nation Newspaper for the Eager 11 defamation, he is represented by both Mr. Hal Gollop and Mr. Vernon Smith QC.

    My simple advice to Broomes, turn up for work @ Parkinson (reserving all of your rights) but commence an action against to test the legality of the transfer knowing full we’ll that the if the transfer are held unlawful and that constitutes constructive dismissal (cause your lawful post at AX would have been filled) then your remedy rest in damages.

    I would be asking the Court to have the PSC, MOE or Office of the Attorney General provide and undertaking for damages in the event that Mr. Broomes in sucessful in arguing that the transfer were not lawful.

  48. Caswell Franklyn Avatar
    Caswell Franklyn

    Every employee has the right to refuse an unlawful instruction from his employer. For example: If am employed as a plumber, the employer cannot lawfully instruct me to cut grass.

    Sent from my iPad

  49. Caswell Franklyn Avatar
    Caswell Franklyn

    No Pat some of the transferred teachers are the ones who testified and said that they have no problems with Mr. Broomes. It does not matter what you or I believe: only what the average man perceives as the reason will matter.

    Sent from my iPad

  50. pat Avatar
    pat

    @ Caswell

    thanks for that info. I guess they did that to make it look like they were not moving the clique out of spite or as punishment.

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