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Teacher seems set to be awarded damages

Chief Justice Ian Kawaley

A teacher looks set to be awarded damages after winning a groundbreaking legal battle against the Minister of Education for the way she was treated while working at CedarBridge Academy.

In the first case of its kind in the Bermuda Supreme Court, Chief Justice Ian Kawaley ruled that the ministry had breached its duty of care to Karen Clemons that resulted in her suffering high blood pressure.

In a judgment handed down yesterday, Mr Justice Kawaley dismissed Ms Clemons claim for damages for “intentional infliction of harm” by the ministry as well as her submission that she developed post-traumatic stress disorder from her treatment.

But her claim for negligence succeeded because she proved she suffered “an exacerbation of an existing hypertension condition” because the ministry breached its duty to exercise reasonable care “to provide a safe system of work”.

“The plaintiff has liberty to apply for the hearing of the assessment of damages phase of the trial,” the Chief Justice added.

Ms Clemons welcomed the ruling and confirmed that she would be pursuing damages.

“Overall I am pleased with the ruling especially given that I am a litigant in person, and represented myself against Crown counsel,” she said.

“As the Chief Justice said, this case was the first of its kind and I hope that it starts an open dialogue on these issues. I want to thank all the people that supported me and gave evidence in this case.”

Ms Clemons embarked on her personal injury action in 2009, claiming the ministry was responsible for a hostile working environment while she taught at CedarBridge Academy between 2000 and 2006.

She blamed the conditions primarily on principal Kalmar Richards and alleged that her complaints were ignored, she was given insufficient information about students and subjected to a campaign of psychological warfare and harassment, which included having her car towed away off the school campus.

At trial Ms Richards rejected any suggestion she had treated Ms Clemons unfairly let alone in a bullying manner. And Mr Chief Justice Kawaley noted in his judgment: “Kalmar Richards was a credible witness who gave her evidence in a straightforward manner despite being cast by the plaintiff as the villain in this piece of litigation.”

In his judgment the Chief Justice said he had “little difficulty” concluding that the defendant had breached its duty of care by failing to prevent Ms Clemons’ harm to her health.

He said: “I find that the plaintiff has established that she suffered a physical illness; high blood pressure, from which she suffered between 2004 and 2006.

“In my judgment it ought to have been obvious that the plaintiff needed support.”

Mr Justice Kawaley added: “The severe, if not draconian penalty of being placed on review based on the procedurally flawed and substantively unfair 2003-2004 evaluation, was almost guaranteed to provoke an extreme and negative emotional response on the plaintiff’s part.”

At yesterday’s brief hearing, counsel Norman MacDonald, representing the Minister of Education, argued that the defendant had substantially won the case and Ms Clemons had only won on one very narrow point.

He also maintained that she should pay 90 per cent of the defendant’s costs.

Mr Justice Kawaley reserved the issues of costs, which will be decided at a later hearing.

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