The lawyers representing the government have appealed Wednesday’s judgement by the Industrial Court which said the Board of Education (BoE), and not Cabinet, was the employer of D. Gisele Isaac while she served as executive secretary of the board in 2014.
Dr. David Dorsett, who filed the court documents on Friday on behalf of the government, is maintaining that the court is wrong.
“As a matter of law, if you are unable to dismiss a person, you are not their employer. I can’t say that you are working for me and I do not have the ability at all to fire you.
“What the Industrial Court says is that the Board of Education was the employer of D. Gisele Isaac, but the court also recognised that it is only Cabinet that has the ability to appoint and dismiss her from office,” the lawyer said.
He argues that this puts the law in a very “distressing state”. Dorsett is hoping the appeal will be heard at the court’s next sitting in mid-November.
Queens Counsel Justin L Simon is representing Isaac in the ongoing matter. Meanwhile, in the 18-page judgment delivered on Wednesday, Industrial Court President, Charlesworth Browne ruled that Simon’s submission in the case, was more persuasive than those of Dorsett, and for that reason the court was re-iterating the view that Isaac was an employee of the Board although Cabinet had the power to appoint and dismiss her.