Revised Laws of Saint Lucia (2021)

4.   Appointment

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   (1)   Subject to the provisions of this Act the power to appoint persons to hold or act in the undermentioned posts—

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      (a)     principal and vice principal—

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         (i)     teachers training college,

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         (ii)     technical college,

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         (iii)     Government secondary and assisted secondary schools;

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      (b)     education officers;

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      (c)     tutors and lecturers—Teachers Training College and Technical College;

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      (d)     specialist teachers;

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      (e)     teacher instructors;

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      (f)     graduate masters in Government secondary and assisted secondary schools;

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      (g)     assistant masters holding a teachers diploma, certificate or other qualification in Government secondary and assisted secondary schools;

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      (h)     instructors of the technical training centres;

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      (i)     headteachers of primary schools;

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      (j)     all other qualified and certificated teachers and probationary assistants and pupil teachers in primary schools,

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   and subject to the provisions of section 6, to have power to transfer and take disciplinary action against persons holding or acting in such posts and the power to remove such persons shall vest in the Commission.

However, despite the provisions of section 3(12) before any person is appointed to hold or act in any teaching post of an assisted school the Commission shall consult with the Board of Management or Relevant Authority for the school to which it is intended that such person should be appointed.

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   (2)   Nothing contained in subsection (1) shall deprive the principal, vice principal, headteacher or other person in charge of any school or institution, as the case may be, of the power to exercise disciplinary control (subject to any regulation or rule governing the same) for the effective day to day operation of the school.

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   (3)   The Commission shall consult with the Board of Management or other Relevant Authority of an assisted secondary school with regard to all appointments to that school and—

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      (a)     in the case of the appointment of the principal of the school, the person selected shall be a nominee of the Board of Management or Relevant Authority of that school; and

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      (b)     in the case of the appointment of a member of the staff of such school, the person selected shall be an “approved teacher”.

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   (4)   It is a condition of service for any person who is not of the religious persuasion of a denominational school at which he or she is serving, that he or she shall in no way attempt to proselytise any student or conduct himself or herself in any manner inimical or prejudicial to the religious character of such school.

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   (5)   Without prejudice to the normal practice of inviting applications publicly, the Commission may in the appointment of staff to an assisted secondary school, consider nominations from the Board of Management or Relevant Authority of such school.

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   (6)   Before any transfer is effected the Commission shall give due weight to all representations made by the individual concerned and the institutions affected.

However, in cases where there has been a delegation of the power of transfer, as permitted hereunder, the individual and or institutions affected shall have a right of appeal to the full Commission.

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   (7)   The Commission may by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) to anyone or more members of the Commission or with the consent of the Minister, to the Permanent Secretary responsible for the subject of Education or the Relevant Authority of assisted secondary schools.