A senior education officer from America who claims he was unlawfully sacked by Government has been ordered to get off the Island by tomorrow.

Dr. Craig Nikolai, who headed the research, measurement and evaluation team at the Ministry of Education, found out on Monday when he returned from a Christmas vacation that he had only five days to leave Bermuda.

His lawyer had just filed an application to have a judicial review of a decision to fire him recommended by the Ministry's former acting permanent secretary Albertha Dyer-Tucker in the summer.

Dr. Nikolai, who is understood to be in his early 40s, claims that Ms Dyer-Tucker made her recommendation in July but he only found out about it in September when Kenneth Dill, head of the civil service, wrote to him to say the recommendation had been upheld.

Dr. Nikolai's lawyer Paul Harshaw told The Royal Gazette yesterday: "They say they have terminated his employment and we say they have not because the process leading up to it was unlawful.

"We want a declaration from the court that our position is right and that he has never been lawfully terminated. He is a dedicated civil servant and education professional."

Mr. Harshaw said that the first Dr. Nikolai knew of his dismissal came in the letter from Mr. Dill, dated September 18 2007, which referred to a recommendation made by Ms Dyer-Tucker on July 24.

"She recommended his termination because she said that he failed to follow an instruction given by her," claimed Mr. Harshaw. "Dr. Nikolai knew nothing about it and so had no opportunity to make any submissions to the head of the civil service.

"The crux of the case is that the acting permanent secretary was both the complainant and the judge in the same case which breaches the fundamental right of fairness."

The lawyer added that his client was told by Immigration officials on Monday that the Ministry of Education had advised them he no longer had a job. "He didn't even get the usual three weeks that tourists get; he was told he had five days to tidy up his affairs and leave. He has applied for permission to stay longer."

Dr. Nikolai had worked at the Ministry for about two years and was in charge of Terra Nova testing in public schools. A source told this newspaper that he was alleged to have ignored a directive issued by Ms Dyer-Tucker asking him to postpone a vacation after the damning Hopkins report into the public education system was published in May.

The writ filed for Dr. Nikolai is against the Education Minister, the head of the civil service and the Public Service Commission, the body responsible for advising the Governor on the appointment or removal of civil servants.

Ellen-Kate Horton, acting head of the civil service, said she could not comment as legal proceedings were pending, as did a spokesman for the Ministry of Education.

Nelda Simons, chairman of the Public Service Commission, said: "Public Service Commission matters pertaining to any civil servant are not for discussion in the media by me."

Armell Thomas, president of Bermuda Public Services Union, which represents civil servants, said he provided Dr. Nikolai with some information following his dismissal but had not represented him because he opted to instruct a lawyer instead.