A sacked teacher declared herself "vindicated" this week after a judge ruled that her dismissal was unlawful.

Leslie Evans, a special education teacher at Dellwood Middle School, cried with relief after Puisne Judge Ian Kawaley agreed with her claim that her services should not have been terminated in they way they were by the Ministry of Education.

The judge told Supreme Court One that Ms Evans' sacking breached the Public Service Commission Regulations 2001 because the letter informing her of her dismissal was from Dr. Christopher Joseph, the Chief Education Officer, rather than the Ministry's Permanent Secretary.

The letter, sent on August 30, 2004, stated that Ms Evans' services were terminated with effect from the following day.

In his ruling, the judge wrote: "The purported termination on expiration on one day's notice unarguably contravened the 2001 Regulations... Because the notice-giving power was exercised by the Chief Education Officer on behalf of the Permanent Secretary rather than by the Head of Department herself.

"All the evidence before the court suggests that the operative decision was made by the Chief Education Officer and there is no evidence whatsoever that the Permanent Secretary was in any way involved."

He said the judgment was reached "despite the court being satisfied that the Chief Education Officer at all material times acted in good faith".

Ms Evans, who had taught in the Island's public schools since 1991, asked for the judicial review hearing in order to obtain a declaration that the dismissal was unlawful.

The judge stopped short of issuing one but confirmed she was entitled to such. Ms Evans' performance at Dellwood had been under review since 2000.

In July 2004, at a meeting with Ministry officials and a union representative, Ms Evans complained of the effect the reviews were having on her health.

A month later, 15 minutes before another meeting was due to start, a letter was handed to her asking her to "show cause" why she should not be dismissed. She chose not to attend another meeting about her performance on August 26, 2004.

In his letter, Dr. Christopher said she had made "very little effort" to abide by the requirements set out in an earlier letter stating that she had to improve her skills.

He added: "I have concluded that you have not shown cause why you should not be terminated."

Mr. Justice Kawaley said the conduct complained of by the Ministry "did not constitute gross misconduct as defined in the applicable legislation".

Ms Evans' lawyer Paul Harshaw said the Ministry had made clear that it did not want Ms Evans back in the public school system.

The two parties are now expected to come to an out-of-court agreement on an exit plan for her, which is likely to include damages and could see her legal costs being met by the Government.

Outside court on Wednesday, Mr. Harshaw told The Royal Gazette: "The only comment she has to make at this stage is that she has got everything she wants, she's been vindicated and hopefully this won't happen to any other teachers."

Mike Charles, general secretary of the Bermuda Union of Teachers, said justice had prevailed but that the case need not have gone to court.

"We made representations to the Ministry; we took the case to the Labour Relations Office," he said. "In all of it, the Ministry dragged its feet and dragged its heels.

"It's taken the lady two years and a considerable amount of money for something that could have been done a long time ago."

He said of Ms Evans' problems at Dellwood: "A lot of it was never her fault. She had about three different principals who continued evaluations of her and none of them were ever completed. It wasn't fair to her."

He added that she was guilty of "nothing other than trying to do her job".

Dr. Christopher, who was in court for the ruling, said afterwards he did not wish to comment.