Judge upholds ban on firing CedarBridge staff
An injunction preventing the Board of Governors at CedarBridge Academy from firing managers has been upheld.
Yesterday, Puisne Judge Ian Kawaley delivered a written judgment yesterday stating: "I refuse to set aside the May 3, 2010 injunction." Bermuda Public Services Union general secretary Ed Ball Jr. said he was "cautiously optimistic" and awaited the next court date to decide on outstand matters regarding the staff. The Royal Gazette understands that five support staff managers were presented with new contracts drawn up by the Board near the end of April. These contracts had a voluntary separation clause that included severance pay.
This means that the Board could offer employees lump-sum payments in exchange for their resignation. The Royal Gazette also understands that the new contracts allowed the Board to fire the managers at any time.
Chairman of the Board George Scott told this paper they had drawn up the new contracts on the understanding that the staff were currently without contracts. However, on April 29 old contracts were discovered on file in a manager's office. The new contracts, with the controversial clauses, were then withdrawn.
An injunction was then sought by the BPSU to prevent the Board from firing the people in question until further negotiations were completed. Within hours of the May 3 injunction being granted Busie Ible, the school's manager of information systems, was sacked. On May 20 the Board decided to withdraw Mr. Ible's termination but maintained that the injunction should be lifted.
The Board's lawyer, Michael Smith, argued it 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: "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." Mr. Kawaley chose to consider the arguments and deliver a verdict on a later date, but he amended the injunction to say no one could be fired without just cause.
Ruth Seaton James Centre for the Performing Arts manager Emilygail Dill, and controller Ivan Broadbelt were both fired the following day. The Royal Gazette understands that Dr. Dill was fired for insubordination and failure to fulfil responsibilities. among other reasons. Insubordination was also cited as one of the reasons Mr. Broadbelt was fired. CedarBridge staff member Virginia Bean said these were "trumped up charges" and said there should be an "expulsion" of the Board.
Yesterday Mr. Kawaley's judgment 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." The Board's Chairman Mr. Scott was unavailable for comment last night.
