A foreign teacher who was let go after 75 percent of his students failed their tests is set to receive compensation after the Employment Tribunal determined that the dismissal did not adhere to proper procedures.
Rayas Joshi, a citizen of India, was terminated from his role as a BTech hospitality instructor at Dhaalu Atoll School.
The Civil Service Commission notified him of the termination, stating it was due to a violation of his contract.
The commission stated that the measure was implemented due to the failure to maintain the mandated 75 percent pass rate, whereas Joshi contended that there was no justifiable reason for his termination.
Joshi submitted a complaint to the Employment Tribunal, stating he had not received adequate guidance or a chance to enhance his teaching prior to his termination.
He contended that the pass-rate statistics relied on a unit test conducted throughout the term and the final assessment, asserting that these outcomes were not a suitable reflection of his teaching effectiveness.
The Civil Service Commission reported that the outcomes of both tests were unsatisfactory and that Joshi’s teaching abilities were also lacking.
The commission indicated that the principal and lead teacher had counseled and directed Joshi to enhance his performance, yet no progress was made.
Nonetheless, the tribunal found that Joshi's termination could not be deemed a case of misconduct justifying dismissal without notice. It also determined that the commission had failed to provide the procedural fairness necessary for his dismissal.
The tribunal stated that Joshi was not afforded a chance to defend himself prior to the dismissal or to request help.
It also observed that no administrative inquiry had been carried out regarding the accusations against him, determining that procedural fairness had not been achieved in the termination.