Should Governor still rule on employment disputes?
A judge yesterday questioned whether the Governor of Bermuda should still be making decisions on employment disputes ? after hearing how Sir John Vereker upheld a verdict by the Island's dental board which found a dentist and hygienist guilty of serious misconduct.
Puisne Judge Ian Kawaley asked whether it was still appropriate for the Governor to be making such decisions in 2006 in "the most advanced territory in the British Empire".
"The whole system just seems to be something from another era," he told Supreme Court Two.
Mr. Justice Kawaley was conducting a judicial review into Sir John's decision regarding Dr. James Fay, of Paget Dental Board, and hygienist Keri Payne.
The Governor agreed that the pair were guilty of serious misconduct but quashed sentences of a three month dismissal for Dr. Fay and one month for Mrs. Payne.
David Kessaram, for Dr. Fay, told the court yesterday that he had been told anecdotally that a bill was being "pushed through" to take such decisions out of the hands of the Governor and into the hands of the Supreme Court.
Solicitor General Wilhelm Bourne, representing the Governor, said: "It's being discussed in a general way."
Mr. Kessaram told the court on Monday that the Governor had not given reasons as to why he upheld the convictions and that the Dental Board gave an "appearance of bias".
But Mr. Bourne argued yesterday that the Governor did give reasons which were adequate and sufficient. And he said there was "no or no sufficient evidence of bias" on the part of the Dental Board.
Earlier, Ben Adamson, representing the Dental Board, which is an interested party in the civil case, said Dr. Fay and Mrs. Payne were guilty of "disgraceful conduct" because they had never read the regulations relating to their positions.
"It was disgraceful for dentists not to bother to find out what regulated their own practice."
He said the court should not expect too much of the Board as it was made up of non-legally qualified people. But he added: "They were well advised by lawyers at each stage. One must assume that they took those arguments into account, as they said they did, and applied them."
Mr. Justice Kawaley will rule on the Governor's decision at a later date.