A foreign teacher who was dismissed after 75 percent of his students failed their examinations is to be compensated after the Employment Tribunal found that the dismissal did not follow due process.

Rayas Joshi, an Indian national, was dismissed from his position as a BTech hospitality teacher at Dhaalu Atoll School.

The Civil Service Commission informed him of the dismissal, citing a breach of his employment agreement.

The commission said the action was taken because the required 75 percent pass rate had not been maintained, while Joshi argued that there was no reasonable basis for his dismissal.

Joshi filed a complaint with the Employment Tribunal, saying he had not been given proper instructions or an opportunity to improve his teaching before he was dismissed.

He argued that the pass-rate figures were based on a unit examination held during the term and the final examination, and that these results were not an appropriate measure of his teaching performance.

The Civil Service Commission said the results of both examinations were poor and that Joshi’s teaching performance had also been unsatisfactory.

According to the commission, the leading teacher and principal had advised and instructed Joshi to improve his performance, but there was no improvement.

However, the tribunal concluded that Joshi’s dismissal could not be considered a case of misconduct warranting dismissal without notice. It also found that the commission had not established the procedural fairness required to dismiss him.

The tribunal said Joshi had not been given an opportunity to defend himself before the dismissal or to seek assistance.

It also noted that no administrative investigation had been conducted into the allegations against him, concluding that procedural justice had not been established in the dismissal.

The tribunal ordered that Joshi be paid his salary and allowances from the date of his dismissal until March last year, amounting to MVR82,592.

The payment must be made by October 11.