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Problem1. The teachers of the State of Utopia obtained a rise in their salary following the recommendations of the Commissioner for Pay appointed by Government of Utopia to review their salaries and conditions of employment. It was the outcome of both written and oral representations made by employees and employers. Two weeks after the publication of the report, the teachers signed an irrevocable Option Form in favour of the new conditions. One of the new conditions was that they must involve more seriously parent participation in the education system and, accordingly, each teacher must dedicate one additional hour each afternoon three days a week to meet with the accountable party of each pupil to keep them informed of the progress or lack of it of the student in his or her class. It emerged that this aspect of the report had never been broached either by the employers or the employees in their oral or written representations. The teachers were unwilling to be bound by it and challenged it before the courts by way of a test case lodged by one Mr Test Kess. The Rector of the school of Mr Test Kess, under the instructions of the Ministry of Education of Utopia, interdicted Mr Test Kess from his job for breach of his situations of employment. When he tried to enter the school yard, he was forced out of the premises by the attendant.

Mr Test Kess has approached you for advice as to whether - :

a) He has a case against the Rector,

b) He has a case against the Ministry,

c) He can challenge the decision of the Commissioner of Pay,

d) Remedies are available to him against any of the parties involved in -

i) Civil law,

ii) Criminal law,

iii) Administrative law.

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