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Education bosses seek 'proper protocols' after settling unlawful dismissal case

Dr. Craig Nikolai, who has settled out of court.

The Ministry of Education has asked Government lawyers to help draw up "proper protocols" for dealing with staffing issues after settling out of court with an education officer who claimed unlawful dismissal.

Dr. Craig Nikolai, a senior education officer from America who was in charge of Terra Nova testing in public schools, got permission to seek a judicial review of a decision last year to fire him.

He claimed he was not told that former acting permanent secretary Albertha Dyer-Tucker had recommended he be sacked last summer and only found out in September when Kenneth Dill, head of the civil service, wrote to him to say the recommendation had been upheld.

The Supreme Court granted him leave to seek a judicial review in January but the Ministry of Education has now agreed to settle before the case comes to court.

The Ministry's decision comes soon after it lost a court case against former CedarBridge teacher Ulama Finn-Hendrickson after stopping her salary without warning in January 2007 after she took ill due to a mould allergy and refused to return to the school.

A Ministry spokesman said: "The matter between Dr. Craig Nikolai and the Ministry of Education has been resolved to the satisfaction of each party.

"As a result of this case, we are working with the Attorney General's Chambers to establish proper protocols that ensure natural justice prevails."

Asked to elaborate on whether this just related to staff dismissals or went further, he replied: "It relates to all the Ministry."

The Royal Gazette understands that Dr. Nikolai, who headed the research, measurement and evaluation team at the Ministry, left Bermuda in accordance with an order from the Department of Immigration in January and has not returned.

His lawyer Paul Harshaw told The Royal Gazette: "Dr. Nikolai is pleased the Government of Bermuda has agreed to a settlement of this dispute and that the settlement includes compensation to Dr. Nikolai of all he was properly due and payment toward his costs of his case against the Government.

"Dr. Nikolai has left his employment with the Government of Bermuda on mutually agreeable terms and is looking forward to his future endeavours."