Teachers optimistic

Two public school teachers who were disciplined for contesting the January 19, 2022 general election are anticipating an end to the action against them, with one willing to go to the law courts if he is not vindicated and his salary restored.

On the heels of a High Court ruling that the General Order 3.18:1 ban on all public officers actively participating in politics is unconstitutional, Pedro Shepherd and Alwyn Babb say they are hopeful of a favourable resolution to their matters.

Furthermore, Babb, a prominent track and field coach who claims his reputation in the sport has been impacted by his disciplinary action, is expecting to be able to resume his duties and recoup the salary he lost out on.

Last April, both teachers were sent on half-pay leave for six months for allegedly breaching General Orders 3.18.1 and Paragraph 2 (h) of the Code of Discipline when they ran in the elections on a Democratic Labour Party (DLP) ticket – Babb in St Peter and Shepherd in St Michael South East, both unsuccessfully.

Shepherd has remained at home while Babb has been reporting for work at the Lester Vaughn Secondary School since the completion of his disciplinary hearing, although he is not yet back to his track and field coaching duties.

Babb said while the principal had asked him to show up, he had not yet received a return to work notice that would officially allow him back on duty.

However, Babb said he was expecting that situation to change given Justice Westmin James’ ruling on Tuesday.

“I am very optimistic. My union representative and lawyer had always argued that General Order 3.18:1 interfered with the freedom of association in terms of political parties, and that is the case I put when I went to the hearing with Ministry officials,” he told Barbados TODAY.

“I am hoping I could get an official letter from the ministry rectifying the situation as it is now and directing me accordingly…. I am hoping that because of the ruling, the salary which was withheld for six months…would be restored as a matter of principle.”

The teacher said he intended to ensure his name was cleared, noting that the disciplinary action had affected his reputation in the global track and field arena.

“I will speak with my lawyers because what happened in terms of my suspension…I am known as a coach locally, regionally and internationally, and [because of] what was carried in the newspapers, universities where I would speak to athletes were wondering what was going on,” he said.

“So, I am hoping that now that that has been settled that we can proceed quickly. Failing that, we would have to settle it through the court system,” Babb declared.

Adopting a wait-and-see approach, Shepherd told Barbados TODAY that while some of the charges against him did not relate to the portion of the General Orders in question, he believes the court decision could impact his entire proceedings.                                                                       “But I still have to conclude my disciplinary hearings. One is on March 21. In light of that, I will await that particular hearing. If there is anything that happens before, I will be notified of what the position is, but I suspect they would still go ahead with the hearing on March 21,” the Wilkie Cumberbatch Primary School teacher said.

“One of the charges [against me] was for speaking at a political meeting at Haggatt Hall, one was for being absent [from school] on the 12 and 13 [of January] without excuse, another one had to do with insubordination – not attending a meeting that I was invited to by the Chief Education Officer. I had told her I could not attend,” Shepherd added.

General Order 3.18.1 states that officers and employees are expressly forbidden to participate actively in politics, including being adopted as a parliamentary candidate, canvassing on behalf of any party or candidate; acting as agents or sub-agents of any candidate for election; holding office in party political organisations; and speaking at political meetings.

On Tuesday, Justice James ruled in favour of temporary household facilitator in the Ministry of People Empowerment and Elder Affairs Natalie Murray who filed a constitutional claim when she was informed that a disciplinary report was submitted regarding her appearance as a speaker on the political platform of the Barbados Labour Party on January 6 and 16, 2022 during the general election campaign.

She was told that her actions were in breach of the General Orders and the Public Service Act Code of Discipline.

Justice James deemed the regulation inconsistent with the rights to freedom of expression and freedom of association enshrined in the Constitution of Barbados.                                                                     

emmanueljoseph@barbadostoday.bb