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Aug 1, 2013

Suspended since 2008 Principal and Vice Principal’s Appeal fails

In February 2008, two administrators, the Principal and Vice Principal of Escuela Secundaria Technico de Mexico, Juanita Lucas and Celia Carillo, were suspended. The teachers of the school had staged sick outs and threatened not to return to the school if the Minister of Education did not do intervene to remove the educators. The school board did not take action initially, and the Minister of Education appointed a team to investigative the matter. After hearing testimonials on a loud speaker at the school auditorium, a report was prepared and the women were suspended by the Chief Education Officer. They were given a salary, but not allowed to return to the school and they challenged the suspension via judicial review. At first instance, Justice Minett Hafiz ruled the suspension and report were unlawful because the ministry had no legal authority to take disciplinary action. However, Hafiz did not make a ruling regarding their constitutional right to work. Though they succeeded in quashing the report at the Supreme Court, they did not feel vindicated because they remained on suspension. So they appealed and today, the Court of Appeal found that there was no infringement of their right to work or their right to a fair hearing. Since 2008, the women have received salaries but not salary increments. They have not been able to go to work and the women continue to sit at home with pay. The board will still need to meet five years later to make a determination.

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