The High Court has found the Ministry of Education, Heritage and Arts had unlawfully and unfairly dismissed a schoolteacher on September 6, 2018.
And the court has ordered the ministry to pay Ramesh Chand his left-over term of the contract including benefits, salaries and entitlements from the date of termination to November 2, 2021.
Mr Chand was terminated after a tribunal hearing on allegations that he assaulted a Year 9 student with a textbook.
In her ruling on October 23, Justice Senileba Levaci said the termination letter issued to Mr Chand did not provide the name of the students, the stipulated dates and period of the alleged offence and the type of offence.
“There were insufficient facts in the notice to establish the reason for the dismissal,” the ruling said.
According to the court, the investigation against Mr Chand was for inflicting corporal punishment on six students, but he was terminated for inflicting corporal punishment on only one of them.
