Breaking News: Injunction upheld in CedarBridge dispute
An injunction preventing the CedarBridge Academy board from firing managers was upheld in the Supreme Court.
Puisne Judge Ian Kawaley delivered a written judgement today stating: “I refuse to set aside the May 3, 2010 injunction.”
The injunction was granted earlier this month preventing the board from firing any of its five managers. Information technology (IT) manager Bussie Ible was sacked hours later.
The injunction arose after the board requested managers sign new contracts which would allow them to be fired at any time.
In the Supreme Court last week lawyer Michael Smith argued that the injunction should be lifted because the school could not properly function if it was unable to hire and fire staff.
But Bermuda Public Service Union lawyer Venous Memari said: “We say that it really wasn’t unreasonable for these plaintiffs to not sign these contracts. If the injunctions are lifted and they are let go by the employer, then the damages that will be available to them is simply not sufficient.”
Yesterday Mr. Kawaley’s judgement stated the managers could not be fired “save for cause”.
“For the avoidance of doubt ‘cause’ was intended to mean serious misconduct which the [board] considers any of the [managers] have been guilty of since May 19, 2010 which would warrant their summary dismissal without notice,” it read. “This is of course without prejudice to the relevant employee’s rights to challenge the legality of such dismissal in any event.”
For the full story see tomorrow's Royal Gazette.
