Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 8)

CHAPTER 18.02
TEACHING SERVICE COMMISSION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Teaching service Commission Regulations – Section 18

(Statutory Instruments 41/1977 and 6/1995)

Statutory Instrument 41/1977 .. in force 31 May 1976

Amended by S.I. 6/1995 .. in force 4 February 1995

ARRANGEMENT OF REGULATIONS

TEACHING SERVICE COMMISSION REGULATIONS – SECTION 18

Commencement [31 May 1976]

1.   Citation

These Regulations may be cited as the Teaching Service Commission Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Teaching Service Commission Act;

“annual confidential report” means character and other pertinent information of a confidential nature concerning a serving teacher prepared by the Ministry of Education in accordance with the prescribed confidential form the original of which is submitted to the secretary of the Commission at the end of every school year;

“Board” means the Teaching Service Commission Board of Appeal;

“Commission” means the Commission established under section 3 of the Act;

“Permanent Secretary” means the Permanent Secretary for Education;

“secretary” means the person assigned to perform secretarial duties for the Commission;

“serving teacher” means a teacher already serving in the Teaching Service in Saint Lucia, and shall include categories designated in section 4(1) of the Act;

“unconstitutional grounds” means such grounds which are contrary to any of the provisions of the Constitution of Saint Lucia.

3.   Reporting and Advertisements of Vacancies

1.  

   (1)   When a vacancy occurs or is likely to occur or a new post has been created in any of the categories of posts detailed in section 4(1) of the Act, the Permanent Secretary shall so inform the Commission whereupon the Commission shall advertise the post in the Gazette, in one or more local newspapers, and when appropriate, in newspapers abroad.

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   (2)   The advertisement shall include, among other things—

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      (a)     the title of the post;

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      (b)     name of school or institution (if any) to which the post relates;

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      (c)     salary or salary scale;

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      (d)     brief job description;

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      (e)     terms of service;

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      (f)     closing date for receipt of applications;

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      (g)     address of the Secretary to whom applications should be sent.

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   (3)   Prior advertisement as required by subregulation (1) may be waived if the Commission does not consider it expedient so to do or if the filling of a post is a matter of urgency.

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   (4)   The Commission shall not advertise any post—

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      (a)     for which no financial provision has been made;

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      (b)     where filling it would lead to the overstaffing of a school; or

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      (c)     in the case of a new post, which has not been approved by Government and for which financial provision has not been made.

4.   Applications for Appointments

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   (1)   All applications for posts in the Teaching Service shall be forwarded on the form prescribed.

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   (2)   The Secretary shall—

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      (a)     in all cases forward all applications to the relevant authority who shall submit comments and recommendations to the Secretary of the Commission through the Permanent Secretary;

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      (b)     the Relevant Authority of the assisted secondary schools shall, in addition, indicate which applicants are approved teachers and which are not approved teachers and shall indicate the reasons therefor.

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   (3)   The Permanent Secretary, shall return with the minimum of delay all the applications with such recommendations and comments to the secretary.

5.   Matters Pertaining to Appointments

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   (1)   The Commission in examining applications for appointment to the Teaching Service shall consider—

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      (a)     relevant qualifications and training;

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      (b)     relevant experience;

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      (c)     authoritative reports on conduct, character, and ability of applicants;

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      (d)     comments and recommendations of the Permanent Secretary, Board of Management or Relevant Authority;

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      (e)     nationality;

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      (f)     general fitness;

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      (g)     any special reports requested by the Commission;

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      (h)     the denominational character of the school concerned.

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   (2)   The prior claims of qualified Saint Lucians for appointment to the Teaching Service shall at all times be taken into account.

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   (3)   No applicant shall be denied an appointment to any teaching post on grounds of race, sex or religion.

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   (4)   When an applicant who is a national of the State and who is considered by the Commission the most suitable candidate for appointment cannot be appointed because the applicant has not been designated an approved teacher by the Relevant Authority of an assisted secondary school, the Commission shall endeavour to resolve the matter through consultation and discussion with the Relevant Authority and other parties concerned. The applicant so barred from appointment shall be notified in writing sent by post or personal delivery service and he or she shall not more than 14 days after the posting or delivery of such notice inform the Commission by post or personal service whether he or she will appeal to the Teaching Service Appeal Board.

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   (5)   The Commission shall withhold action on the appointment until the expiry of the said 14 days or the termination of the Appeal as the case may be.

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   (6)   Before a letter of appointment is despatched, the Secretary of the Commission shall ascertain from the Permanent Secretary the salary payable to the successful applicant, the basis for determining the salary and other terms and conditions of service including the effective date of appointment for inclusion in the letter of appointment.

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   (7)   A letter of appointment shall detail the name of the school, the post, salary payable, salary scale, if any, terms and conditions of service e.g. leave, pension and/or gratuity, where applicable etc.

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   (8)   Successful applicants shall be informed by letter of the appointment by the Secretary. A copy of such a letter of appointment shall be copied to the Permanent Secretary, the Board of Management or Relevant Authority, the Accountant General, Director of Audit and the principal of relevant school.

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   (9)   All unsuccessful applicants shall be promptly informed of the outcome of their applications when an appointment has been made.

6.   Date of Appointment

The date of appointment to the Teaching Service shall be the date on which the teacher assumes duty provided however that in the case of a teacher selected for appointment from abroad shall be the date of arrival in the State of Saint Lucia.

7.   Medical examination

A candidate for appointment shall undergo a medical examination by the Government medical officer or in the case of a person resident outside Saint Lucia by a medical practitioner authorised to practise in the country in which the candidate resides and shall not be appointed unless he or she has been passed as medically fit.

8.   Re-employment of Pensioners

A teacher who receives a pension shall not be re-employed in the Teaching Service on contract or otherwise unless it is established to the satisfaction of the Commission—

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   (a)     that the pensioner has a range of experience and technical qualifications, which make him or her particularly useful to the Teaching Service;

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   (b)     that it is not possible to fill the particular post by promotion of a suitable teacher or by a new appointment; or

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   (c)     that the appointment of the pensioner would facilitate and is necessary for the training of a successor.

9.   Acting Appointments

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   (1)   An acting appointment in circumstances likely to lead to the confirmation in the post of a person appointed to act shall be made in accordance with the procedures and principles detailed in these Regulations for appointments to the Teaching Service except that an acting appointment shall not be advertised.

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   (2)   When such acting appointment is known to be temporary the person appointed shall normally be the senior qualified and/or graduate teacher in the school or institution concerned.

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   (3)   Where an acting appointment is likely to become permanent the claims of all serving qualified or graduate teachers for promotion shall be given due consideration by the Commission.

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   (4)   An acting appointment shall not at any one time exceed 3 years.

10.   Temporary and Part-time Appointments

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   (1)   In exceptional circumstances the Commission on the recommendation of the Permanent Secretary may approve temporary or part-time appointments where suitable permanent full-time staff is not readily available; but no part-time or temporary appointee shall be retained on the staff of any school or institution where suitable full-time staff is available.

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   (2)   The Commission shall make every effort to replace temporary or part-time staff and shall review the service of such staff at the end of every school year.

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   (3)   The services of part-time or temporary teachers, and new entrants to the Teaching Service serving a probationary period may be terminated at any time without notice.

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   (4)   The Secretary shall advertise all posts held by temporary or part-time appointees at least 3 months before the commencement of each school year.

11.   Appointment on Promotion

In weighing the relative claims of serving teachers for promotion, the Commission shall take account of—

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   (a)     relevant education and professional qualifications;

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   (b)     attested merit;

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   (c)     proven ability and efficiency;

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   (d)     the recommendations and comments of the Permanent Secretary, Board of Management or Relevant Authority;

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   (e)     evaluation of performance;

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   (f)     interview (if considered necessary).

Seniority shall be taken into account only where the merits of 2 or more teachers are or appear to be equally balanced.

12.   Records

For the purpose of assisting the Commission to carry out the provisions of the Act and of this regulation the Secretary of the Commission shall keep and maintain proper records and Personal Files which shall include all the relevant information pertaining to a teacher with regard to his or her training and experience.

13.   Seniority

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   (1)   In establishing the seniority of teachers the Commission shall take account of the following in that order—

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      (a)     years of service in current grade and date of appointment to that grade;

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      (b)     years of service in previous grades and dates of appointment to each previous grade.

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   (2)   The seniority of a teacher who voluntarily resigns from the teaching service and who is subsequently re-appointed shall be determined by the date of his or her last appointment.

14.   Retirement

The services of a teacher shall be considered as having been determined—

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   (a)     on dismissal or removal in consequence of disciplinary proceedings;

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   (b)     on compulsory retirement;

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   (c)     on voluntary retirement;

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   (d)     on retirement on medical grounds;

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   (e)     on being retired in the public interest;

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   (f)     on resignation without benefits payable under the Teachers Pension Act;

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   (g)     on having had the post declared vacant.

15.   Resignation

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   (1)   A teacher who wishes to resign shall forward to the Secretary of the Commission, through the Permanent Secretary, a letter of resignation, duly endorsed by the principal or relevant authority where applicable, giving at least one month's notice.

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   (2)   A teacher who resigns without giving at least one month's notice shall not be entitled to salary in respect of his or her last month of service or other benefits and may accordingly be refused payment. If salary has been paid, the sum so paid shall be considered as an unauthorised payment and may be recovered from the teacher. Where a teacher refuses to refund the amount, legal proceedings may be instituted to recover the same.

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   (3)   Principals of schools shall give or be given 3 months notice prior to resignation or termination of services. A principal who fails to give notice as herein before provided shall not be entitled to payment of salary. If salary has been paid, the sum so paid shall be considered as an unauthorised payment and may be recovered from the principal. Where a principal refuses to refund the amount, legal proceedings may be instituted to recover the same.

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   (4)   Except in the discretion of the Commission a notice of resignation shall not take effect until the last day of the month at the end of any school term.

16.   Transfers

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   (1)   The Commission in considering requests for transfers shall take into account the good and welfare of the teaching service and the recommendations of the Permanent Secretary.

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   (2)   When a transfer is to a parallel post or a special assignment and does not entail any increase in emoluments of a member of the Teaching Service, it may be approved by the Commission—

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      (a)     on the request of a member of the Teaching Service who wishes to be transferred, subject to prior consultation with the appropriate authority;

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      (b)     on the recommendation of the Permanent Secretary, Board of Management or Relevant Authority; or

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      (c)     as a result of disciplinary proceedings instituted against a member of the Teaching Service whose transfer is sought.

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   (3)   When considering transfers the Commission shall invite the Board of Management or Relevant Authority of the school or institution affected, (as well as the teacher), to make any representations regarding the proposed transfer and the Commission shall give full consideration and due weight to all such representations before arriving at a decision.

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   (4)   Before any transfer is effected, reasonable notice should be given and as far as possible such transfer should coincide with the beginning of the school year, and in any event a transfer shall not be effected during any term of the school year except under extenuating circumstances.

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   (5)   Despite the above provisions, the Commission may take immediate action to transfer a teacher where the Commission is satisfied that delay in effecting such transfer would be inimical to the best interest of the Teaching Service.

17.   Transfer in special circumstances

In circumstances where the Commission is satisfied that the continuance of a teacher on the staff of a school or institution would be prejudicial to the interest of that school or institution, a transfer may be arranged after the necessary consultations.

18.   Dismissal

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   (1)   Any teacher, including part-time, temporary appointees and new entrants to the Teaching Service serving a probationary period, who is found using or is in possession of dangerous drugs or alcoholic beverages on school premises during working hours or is convicted of any criminal charge involving dishonesty, fraud, moral turpitude or is convicted of a criminal charge and sentenced to imprisonment shall be summarily dismissed.

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   (2)   The Commission shall give at least one month's notice to a teacher on dismissal or one month's salary shall be paid in lieu of notice, in cases other than (1) above.

However, principals of schools shall be given 3 months' notice or shall be paid an amount equivalent to 3 months' salary in lieu of notice.

19.   Loss of pay or allowances

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   (1)   Despite the provisions of regulation 18 the termination of the services of a teacher or of a principal shall not give rise to any pay or allowances where such service is terminated for any of the following reasons—

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      (a)     any reason for which the services of a teacher or principal would be entitled to be terminated under the Education Act without giving due notice and shall include the following circumstances—

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         (i)     where the teacher or the principal commits misconduct whether in the course of his or her duty or not, inconsistent with the fulfilment of the express or implied conditions of his or her contract of service,

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         (ii)     for wilful disobedience to lawful orders given by the principal in the case of a teacher and in all cases by the Permanent Secretary or other designated officer,

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         (iii)     for repeated substantial neglect of duties,

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         (iv)     for absence from work without the permission of the Permanent Secretary or other authorised officer;

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      (b)     abandonment of employment by the teacher or the principal;

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      (c)     by agreement, in writing, to terminate the contract of service;

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      (d)     where the employment is terminated at the end of a contract of service for a fixed term or because of the attainment of the teacher or principal of normal age of retirement by law.

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   (2)   The salary due to a teacher or principal on account of any of the reasons stated in the preceding subsection shall be up to and including the date of the occurrence of the termination of his or her contract of service.

20.   Exercise of delegated authority

A member of the Commission or Permanent Secretary to whom is delegated the authority to make appointments, transfers and/or dismissals shall in the exercise of such delegated powers follow the procedures and principles prescribed in these regulations.

21.   Procedure in Case of Emergency

In exceptional circumstances where delay in effecting appointment or transfer is likely to cause serious inconveniences or appears gravely prejudicial to the interest of a school or institution the Permanent Secretary shall make representations to the chairperson of the Commission who may, on grounds of speed and urgency, approve an acting appointment or temporary transfer.

22.   Misconduct or Disciplinary Offences to be dealt with promptly

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   (1)   Any misconduct or disciplinary offence by a teacher shall be dealt with as soon as possible after the time of its occurrence. Such misconduct or offence shall be reported to the Permanent Secretary for transmission to the Secretary, Teaching Service Commission. The Commission shall take the necessary action in accordance with powers vested in them by the Act and these Regulations.

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   (2)   If in the opinion of the Commission it would be in the interest of the Teaching Service, the Commission may suspend the teacher, and a teacher so suspended shall cease to perform the functions of his or her post.

23.   Offences

The Commission may institute disciplinary proceedings against a teacher for any of the following matters—

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   (a)     where the teacher or the Principal commits misconduct whether in the course of his or her duty or not, inconsistent with the fulfilment of the express or implied conditions of his or her contract of service;

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   (b)     for wilful disobedience to lawful orders given by the principal in the case of a teacher and in all cases by the Permanent Secretary or other designated officer;

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   (c)     for repeated substantial neglect of duties;

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   (d)     for absence from work without the permission of the Permanent Secretary or other authorised officer;

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   (e)     for failure to perform in a proper manner any duty imposed on him or her;

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   (f)     for conduct otherwise prejudicial to the efficient conduct of the particular service of the teaching service or tending to bring the service into disrepute;

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   (g)     for being drunk on duty;

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   (h)     for using without the consent given by the Permanent Secretary or any other person acting in his or her behalf any property or facilities provided for the teaching service of which he or she is a member for some purpose not connected with the teaching service;

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   (i)     for engaging in any gainful occupation outside the teaching service of which he or she is a member where such occupation conflict with his or her duty;

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   (j)     is convicted of any criminal charge involving dishonesty, fraud, moral turpitude or is convicted of a criminal charge and sentenced to imprisonment;

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   (k)     for setting out his or her views or that of others on controversial matters relating to party politics by writing letters in the press, publishing a book or article, or circulating leaflets;

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   (l)     becomes a member of any political party or political organisation or in any other way conducts himself or herself so as to show that he or she is associated with any political party or political organisation;

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   (m)     without the consent of the Commission initiates legal proceedings on his or her own behalf against another teacher or against a member of the public with respect to any matter which arose out of or in the course of the performance of his or her duties as a teacher;

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   (n)     frequent and unauthorised absences prejudicial to his or her teaching duties or absences from the State without leave;

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   (o)     any conduct which may be considered inimical to the teaching service;

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   (p)     contravention of any of the provisions of these Regulations.

24.   Disciplinary Action

The Commission may institute disciplinary proceedings against a teacher for breaches against these Regulations.

25.   No disciplinary action whilst criminal proceedings pending

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   (1)   Where criminal proceedings have been instituted in any court against a teacher in any matter enumerated in the preceding regulations, the Commission shall not take proceedings against the teacher on any grounds arising out of the criminal charge until the court has determined the matter and the time allowed for appeal from the decision of the court has expired. Where the teacher on conviction has appealed against the decision of the court the Commission may institute proceedings after the withdrawal or determination of the appeal.

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   (2)   This regulation shall not prevent disciplinary proceedings from being brought against the teacher on any other ground on which such proceedings may be brought under these Regulations.

26.   Officer convicted of criminal charge

Where a teacher is convicted in any court of a criminal charge, the Commission may consider the relevant proceedings on such charge and where the teacher has been convicted and sentenced to imprisonment he or she shall be summarily dismissed except that no such dismissal shall take effect pending an appeal. Where it is a case not involving imprisonment the Commission may consider whether the teacher ought to be dismissed or subject to the foregoing regulations be subject to some lesser punishment in respect of the offence of which he or she had been convicted and the Commission shall thereupon dismiss or otherwise impose such lesser punishment without the institution of disciplinary action under the Regulations.

27.   Non-payment of remuneration on conviction of criminal charge

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   (1)   A teacher convicted of a criminal charge and sentenced to imprisonment without the option of a fine or convicted of a criminal charge involving dishonesty, fraud or moral turpitude shall be summarily dismissed.

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   (2)   The Commission may direct that a teacher convicted of a charge described in subregulation (1) shall cease to perform the duties of his or her office. Although a teacher convicted of a charge described in subregulation (1) has appealed against the conviction, such teacher shall not receive any pay or allowance after the date of conviction.

28.   Notification

Where the Commission decides to institute disciplinary proceedings against a teacher it shall notify the teacher that such action is to be taken.

29.   Interdiction

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   (1)   As soon as possible after the Commission decides to institute disciplinary proceedings the Commission shall formulate disciplinary charges against the teacher and notify the teacher accordingly.

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   (2)   Where the Commission has formulated charges under the preceding subregulation or where criminal proceedings are or are about to be instituted against a teacher and the Commission is of the opinion that the public interest require that the teacher should cease to perform the duties of a teacher, the Commission shall as soon as it decides to institute proceedings against the teacher, or is made aware that criminal proceedings are instituted should notify the teacher and may direct his or her suspension with the condition of the payment of half salary.

30.   Investigation

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   (1)   Where the Commission has instituted disciplinary proceedings against a teacher, the Commission shall appoint an “Investigating Committee” of one or more persons (one of whom may be a serving teacher) to hear and determine the charges against the teacher. Where a serving teacher is appointed to the Committee he or she must be in a higher grade or position than that of the teacher against whom the charges have been preferred. The Committee so appointed shall give the teacher charged a full opportunity to defend himself or herself including the right of the teacher to call any witnesses he or she may desire in support of his or her defence and the Committee hearing and determining the charges shall at all times pay due regard to the rules of natural justice.

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   (2)   Subject to the preceding subregulation the person so appointed shall regulate all the proceedings in connection with the hearing and determination of any charge.

31.   Report to the Commission

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   (1)   The person or persons appointed shall make a report to the Commission and the report shall contain his or her findings of fact and an expression of his or her opinion as to the meaning and of the value of the facts as found together with a record of the proceedings taken at the hearing of the charge.

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   (2)   The report and recommendations of the Committee so appointed shall be duly considered by the Commission and its decision shall be communicated to the teacher concerned with the minimum of delay, together with any penalty imposed in accordance with regulation 32 which the circumstances warrant and his or her right to appeal to the Board.

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   (3)   The appeal, however, shall not be entertained unless the provisions of regulation 39 are strictly adhered to.

32.   Imposition of penalties

The penalties which may be imposed on a teacher against whom a disciplinary charge has been established are—

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   (a)     dismissal;

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   (b)     suspension without pay or on half-pay;

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   (c)     deferment or withholding of increment;

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   (d)     severe reprimand and reprimand;

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   (e)     retirement in public interest;

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   (f)     demotion, in case of a principal;

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   (g)     fine or stoppage of salary.

33.   Suspension without pay

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   (1)   A teacher may be suspended on half-pay or on no pay. A teacher suspended on half-pay shall be entitled to the other half of his or her salary or full salary, if on no pay for the period of suspension should the court unconditionally acquit him or her or should he or she be cleared of disciplinary proceedings instituted by the Commission.

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   (2)   The Commission shall inform the Permanent Secretary of the suspension and the terms of suspension of a teacher and the Permanent Secretary shall take immediate action to ensure that the terms of the suspension are effected.

34.   Deferment of Increment

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   (1)   A teacher's increment may be suspended, deferred or withheld by the Permanent Secretary and the Commission shall be notified accordingly.

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   (2)   The grant of an increment may be withheld for—

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      (a)     lack of efficiency;

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      (b)     unsatisfactory service or conduct;

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      (c)     frequent and/or unauthorised absences;

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      (d)     failure in examinations to the passing of which such increment is conditional.

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   (3)   Where a teacher's increment has been suspended, deferred or withheld, the teacher shall have the right of appeal to the Teaching Service Commission.

35.   Retirement in the public interest

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   (1)   Where it is represented to the Commission or the Commission considers it desirable in the public interest that any teacher should be required to retire on grounds which cannot suitably be dealt with under any of these regulations, it shall call for a full report on the officer from the Permanent Secretary and shall take into account the teacher's previous record during the last preceding 10 years.

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   (2)   If, after considering such report and such record and giving the teacher an opportunity of submitting a reply to the grounds on which his or her retirement is contemplated, and having regard to the conditions of the particular service of which the teacher is a member, the usefulness of the teacher thereto, and all the other circumstances of the case, the Commission is satisfied that it is desirable in the public interest so to do, it shall recommend that the teacher be retired accordingly.

36.   Medical Boards

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   (1)   A medical board shall be held whenever it is necessary for a teacher to be examined with a view to ascertaining whether or not the teacher should be retired on grounds of ill-health.

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   (2)   A teacher may be required by the Commission to undergo a medical examination at any time.

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   (3)   A teacher who is required to undergo a medical examination shall submit himself or herself to be examined by a medical board at such time and place as the Permanent Secretary may direct on behalf of the Commission.

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   (4)   Where a teacher, through refusal or neglect to obtain specialist advice or to obtain treatment when so recommended by the medical board, falls sick and in consequence is unable to perform his or her duties, the Commission may direct that the period during which he or she is unable to perform his or her duties shall be counted as leave without pay.

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   (5)   Whenever it is considered necessary for a teacher to be examined with a view to ascertaining whether or not he or she should be retired on grounds of ill-health, the Permanent Secretary shall make a recommendation to this effect to the Commission and where there is a medical record of the teacher, the record shall be made available to the medical board.

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   (6)   Where a deterioration in the work of the teacher is the reason or one of the reasons for requesting that the teacher undergo a medical examination, the Permanent Secretary shall submit, with his or her recommendation under subregulation (5), a detailed report on any change in the quality of the teacher's work in order to assist the medical board in carrying out the medical examination of the officer concerned.

37.   End of year examinations for teachers

Teachers of the supernumerary and assistant teacher unqualified grades who are not exempted from writing the qualifying examination and who—

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   (a)     fail to take the qualifying examination within the stated period given to do so unless exempted on medical grounds; and

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   (b)     having failed the qualifying examination on 3 consecutive occasions; or

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   (c)     fail to satisfy a minimum level of performance in the qualifying examination,

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   shall be dismissed.

APPEALS

38.   Provision for Appeal

Decisions of the Commission may be the subject of appeal to the Teaching Service Board (hereinafter referred to as “the Board”) in accordance with the provisions of the Act.

39.   Notice of Appeal

Notice of appeal and the grounds thereof shall be sent to the chairperson of the Board by registered post copied to the chairperson of the Commission and the Permanent Secretary within 14 days from the date of the receipt of the Commission's letter giving notice of the decision. The appeal shall not be entertained if the teacher fails to adhere to the above procedure within the time stipulated.

40.   Reason for Appeal

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   (1)   The appellant shall give details of his or her grounds for seeking a review of the Commission's decision.

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   (2)   The chairperson of the Commission shall on receipt of a copy of the appeal forward to the chairperson of the Board a statement explaining the basis of the Commission's decision, which is the subject of the appeal and the factors taken into account in arriving at that decision.

41.   Appeal against dismissal

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   (1)   A teacher shall not be dismissed from the teaching service in respect of any offence for which an appeal against dismissal is pending.

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   (2)   The decision of the Board is final and binding and shall be implemented by the Commission.