July 23 2012
START DATE
END DATE
Augu 1 2012
Quinton Ming et al. v. Commissioner of Education et al.
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Education Law
Ian RC Kawaley CJ
Eugene Johnston
Martin Johnson
FACTS OF THE CASE:
Quinton Ming and Azuhah Coleman, representing the Parent-Teacher Associations (PTAs) of T.N. Tatem Middle School and Victor Scott Primary School, sought judicial review to quash the decision of the Commissioner of Education (COE) to transfer their school principals without consultation. They argued that their legitimate expectation of consultation was breached, as promised by the Ministry of Education in various policy statements. The Respondents contended that the transfers were within their administrative authority and not subject to consultation.
SUMMARY:
(1) Did the Commissioner of Education have an obligation to consult PTAs before transferring principals? (2) Did previous government statements and policies create a legitimate expectation of consultation? (3) Should transfers be overturned due to procedural unfairness?
OUTCOMES:
Decisions quashed due to breach of legitimate expectation for consultation
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Quinton Ming et al. v. Commissioner of Education et al.
Quinton Ming and Azuhah Coleman, representing the Parent-Teacher Associations (PTAs) of T.N. Tatem Middle School and Victor Scott Primary School, sought judicial review to quash the decision of the Commissioner of Education (COE) to transfer their school principals without consultation. They argued that their legitimate expectation of consultation was breached, as promised by the Ministry of Education in various policy statements. The Respondents contended that the transfers were within their administrative authority and not subject to consultation.