28-Jan-11
START DATE
END DATE
4-Apr-11
Wendy Ali Robinson v. The Minister of Education and Board of Governors of Cedarbridge Academy
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Employment Law, Occupational Health & Safety, Judicial Review
KAWALEY J
Ms. Victoria Pearman (Juris Law Chambers)
Mr. Martin Johnson (Attorney-General?s Chambers)
FACTS OF THE CASE:
The Plaintiff, a former school teacher at Cedarbridge Academy, sued the Minister of Education and the Board of Governors, alleging a failure to provide a safe working environment due to exposure to mold and other hazardous substances. She cited breaches of the Occupational Health and Safety Act 1982. The Defendants sought to strike out the claim, arguing that the Act did not confer a right of action and that applicable regulations were enacted after the Plaintiff's period of employment.
SUMMARY:
(1) Does the Occupational Health and Safety Act 1982 provide a right of civil action? (2) Did the Plaintiff have an alternative claim in negligence? (3) Was the Minister responsible for ensuring a safe workplace?
OUTCOMES:
Claim struck out; Plaintiff could not rely on the Occupational Health and Safety Act 1982.
RULED IN FAVOUR OF:
The Minister of Education (Defendant)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Wendy Ali Robinson v. The Minister of Education and Board of Governors of Cedarbridge Academy
The Plaintiff, a former school teacher at Cedarbridge Academy, sued the Minister of Education and the Board of Governors, alleging a failure to provide a safe working environment due to exposure to mold and other hazardous substances. She cited breaches of the Occupational Health and Safety Act 1982. The Defendants sought to strike out the claim, arguing that the Act did not confer a right of action and that applicable regulations were enacted after the Plaintiff's period of employment.