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College lecturer wins legal case over wrongful dismissal after seven years

Case victory:Dr. Sean O'Connell

A former Bermuda College lecturer has won his case of wrongful dismissal against the establishment, seven years after being fired over allegations he made racist remarks.

Sean O'Connell, a maths lecturer who worked at the college for 29 years, was the subject of an allegation by another lecturer that he used the slang term "grease monkey" during a private conversation in the staff room.

Dr. O'Connell denied the allegations, and urged Government to send the matter to an arbitration hearing. One was eventually held this summer, behind closed doors.

The outcome was a ruling by Puisne Judge Geoffrey Bell and two other members of the panel that he had been wrongfully dismissed, although he lost his claim that he had been defamed by his employer.

The ruling has not been made public, and Dr. O'Connell declined to discuss the outcome this week, indicating he would be willing to speak at a later date.

The college issued a press release last night stating: "The Bermuda College recently received the decision in a long-standing dispute with former Professor Dr. Sean O'Connell, who brought charges of wrongful dismissal and defamation of character against the college."

It continued: "In 2009, the Bermuda College Board of Governors agreed to send the dispute to arbitration to bring finality to the matter expeditiously. Bermuda College was successful in its defence of the claim for defamation brought by Dr. O'Connell and Dr. O'Connell was successful in his claim that he had been wrongfully dismissed by the college.

"This has been a long and arduous seven-year journey that regrettably began in 2003 under a different administration and organisational culture.

"The college has since implemented modern and transparent policies and practices for dealing with disciplinary matters which have become an integral part of its management training."

The college declined to comment further, saying some aspects of the ruling are being appealed.

An entry in the Supreme Court Cause Book dated October 20 suggests Dr. O'Connell plans to continue action against the college and its former president, Dr. Michael Orenduff, in relation to the arbitration. It does not give any details.

The lawyer who represented Dr. O'Connell in the arbitration hearing, Elizabeth Christopher, declined to speak about it last night. However, she took issue with the statement issued by the college.

"It suggested that they sought to bring it to arbitration to settle the matter, when for many years indeed almost from the very year it happened they've refused arbitration despite Dr. O'Connell's request," she said.

"They agreed on the eve of a Supreme Court trial, a month or two before the trial."

The man who filed the original complaint against Dr. O'Connell, Abdallah Ahad, later lost his own job at the college amid questions over his academic credentials.