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Delayed written court judgement frustrating teachers

by Anesta Henry
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By Anesta Henry

Twenty months after a decision in the law court about the granting of a paid term’s leave to teachers in permanent positions after 15 years’ service, the Barbados Union of Teachers (BUT) is frustrated with the lack of a written judgement that will allow the Ministry of Education to act on the ruling.
President of the BUT Rudy Lovell raised concerns about the matter at the opening of the union’s 49th Annual General Conference at Radisson Aquatica on Monday and recalled that it was on August 17, 2021 when Madam Justice Shona Griffith delivered her decision ex tempore in the matter of change of to the terms and conditions of service of teachers relative to a term’s vacation leave with pay.
“The Ministry of Education is refusing to acknowledge the judgement until it is written. This lengthy wait for a written judgement can erode faith in the judicial system. We were hoping to have received a written judgement in accordance with Section 84 of the 2019 amendment to the Constitution which suggests that judges should deliver written judgments within six months of the decision. The BUT is hopeful that this issue can be speedily rectified to allow the Court’s decision to be enforced,” Lovell said.
In 2016, teachers were stripped of their entitlement to leave with full pay after 15 years, and after that, once every five years until retirement. The then Government determined that teachers would receive term’s leave only once after 15 years and again prior to retirement.
Lovell also addressed the meeting regarding the controversial issue of payment for the marking of School-Based Assessments (SBAs). He said this remains a talking point among secondary school teachers.
He said according to the Ministry of Education, the Solicitor General has supported their position that correcting and marking SBAs forms part of the duties of teachers in Barbados.
However, Lovell has questioned why teachers are being asked to upload content to the Caribbean Examinations Council (CXC) website.
“Since when does an employees’ job involve carrying out a task assigned by another employer? Research shows that CXC is an external exam administered by an external body, therefore, the duty of a teacher should not extend to performing duties for the external body,” he said.
Given the development, Lovell said the BUT will seek a mandate from its secondary school members on whether to support the call for payment for the marking of SBAs and the associated administrative duties.
He further indicated that while teachers in Barbados are not compensated, research has shown that their counterparts in Jamaica are paid for marking SBAs and as recently as March 29, 2023, the Government of Grenada reached an agreement with the Grenada Union of Teachers to pay teachers for marking SBAs and other assessments.
“Interestingly teachers in Barbados who assess CXC oral examinations are paid, so why not others? Additionally, teachers are paid to correct the Barbados Secondary Schools Entrance Examination (BSSEE) after delivering the syllabi to these same children.
“Not only is the marking of SBAs time-consuming, but uploading the data to the portal is tedious and frustrating. Given the above examples, a precedent has been set and the Ministry of Education should follow the examples of Grenada and Jamaica and compensate teachers for their additional work,” he said.
Suggesting that there is a need to have teachers’ aides or liaison officers to be attached to each school, Lovell argued that educators are overworked, and it appears that every year another task is added to the already heavy workload.
anestahenry@barbadostoday.bb

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