Presbyterian Board stands firm on rights in teacher recruitment

The Presbyterian Primary Schools' Board of Education (PPSBE) has made it clear that it will strongly resist any attempt to erode its rights under the Concordat.

The board and the Presbyterian Church (PCTT) issued a joint statement in response to the recent High Court ruling by Justice Westmin James on the dispute over changes in the recruitment process for teachers in denominational primary schools.

In its statement on March 14, the board maintained it will not passively accept policies or administrative decisions that threaten its ability to maintain the quality of Presbyterian education.

“We will strongly resist any attempt to frustrate us into giving up any of its rights secured by the Concordat by the device of mass-recruitment exercises which delay recruitment of teachers.”

While the board said it remained open to collaboration with the Ministry of Education, the Teaching Service Commission (TSC), and other denominational boards, it insisted that any resolution must uphold the religious character of Presbyterian schools.

In his ruling, Justice James held that the long-standing practice to appoint primary school teachers in denominational schools did not align with the Public Service Commission Regulations. He also said it was not a settled practice which attracted constitutional protection.

In deciding the case, James noted that the TSC’s 2021 policy requiring vacancies to be publicly advertised was consistent with both the Concordat and the regulations.

Despite ruling in favour of the TSC’s right to advertise vacancies, Justice James affirmed the denominational boards' rights to recommend teachers necessary to preserve the religious character of their schools. He clarified that while the boards could recommend and veto candidates on moral or religious grounds, the final power of appointment remained with the TSC.

The judge had ruled on the board’s complaint against the TSC’s decision to advertise vacancies for the position of Teacher I (Primary) in denominational schools.

The PCTT had argued that the commission’s refusal to accept recommendations from the Presbyterian Primary Schools’ Board of Education (PPSBE) was unlawful and in violation of long-established practices under the 1960 Concordat.

The church sought judicial review of the TSC’s decision, claiming that the commission was required to approve its recommended candidates without requiring a competitive selection process. The PPSBE's challenge came after the TSC failed to approve the boards’ recommendations and make the respective appointments.

In its statement, the PPSBE said the judge clearly recognised the right of denominational boards to retain their right to recommend individuals of their choice for appointment in their schools.

“Therefore, neither the Teaching Service Commission nor the Ministry of Education can appoint a teacher to a denominational school without the approval of the Board,” the statement said.

The TSC’s new policy was premised on its views that the regulations required that denominational boards communicate to the ministry’s permanent secretary vacancies in their schools and in turn, the ministry would advertise the vacant offices after which it would then send all applications for the filling of the vacancies to the Director of Personnel along with any of the boards’ recommendations and comments.

However, the Presbyterian Primary Schools’ Board of Education said the TSC’s mass-recruitment exercise in 2023 suspended the usual process of appointments as vacancies arose.

“Since 2023, Presbyterian Primary Schools' Board of Education has had no new teachers to recommend for appointments from the mass-recruitment applications.

“At present the Presbyterian Primary Schools' Board of Education has 49 vacancies in 27 schools to fill affecting approximately 800 students.

“This does not include temporary vacancies where teachers are on special leave, no pay leave, extended sick leave, maternity leave etc.

“Our principals working together with the board have put measures in place to mitigate against learning loss by affected students.

“However, it does not address the real problem of filling teacher vacancies in our schools.”

The statement also said in 2015, the TSC had not interviewed applicants who applied in 2018 for the post of senior teacher, or those who applied in July 2022 for principal or vice principal.

“Officers have been acting for five to 10 years and still have not received letters of appointment for their acting positions and payment of their acting allowances.

“It takes the TSC an average of three months to approve a Teacher I transfer. How then will vacancies for teachers be filled promptly to ensure classes are not without teachers? “Vacancies are piling up with no attempts being made to find a solution to the problem.”

The board and the church also said they were considering an appeal of the ruling and said they were willing to work with all stakeholders to resolve this issue within the parameters of the existing regulations.