Teacher wins lawsuit against TSC

Source: Trinidad and Tobago Guardian

By Derek Achong

Monday 26 August 2023

A little over three years later, he applied under the Freedom of Information Act (FOIA) for the commission to disclose the name of the complainant, the complaint submitted, and the report of the investigation into the complaint.

The TSC initially claimed that the information was exempt from disclosure under the FOIA as it could be classed as an “opinion, advice, or a recommendation” to the commission.

However, after the teacher filed a lawsuit over the refusal, the commission claimed that the requested documents and information could not be located.

In his judgment, Justice Mohammed rejected the commission’s classification of the requested information.

“It merely serves as factual information regarding the source of the report or allegation, which is crucial for ensuring transparency and accountability in the disciplinary process,” he said.

Stating the disclosure of the complaint’s identity does not constitute an opinion or recommendation over disciplinary action to be taken, Justice Mohammed said: “Rather, it serves as a fundamental component of due process, enabling the Applicant to properly respond to the allegations and exercise his rights to challenge the veracity or credibility of the report or allegation.”

Justice Mohammed also took issue with the fact that the commission subsequently claimed that the requested documents were not in its possession without giving an explanation on how they (the documents) were secured and later allegedly misplaced.

As part of his judgment, Justice Mohammed quashed the commission’s decision on the disclosure. He also directed it to diligently search for the documents and disclose them within 28 days.

In the event that the documents cannot be located, the commission is to pay the teacher compensation to be calculated by a High Court Master.

The commission was also ordered to pay the teacher’s legal costs for pursuing the lawsuit.

The teacher was represented by Navindra Ramnanan and Ricky Pandohee, while Rachael Jacobs and Michelle Benjamin represented the commission.