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Improper Termination of Mrs Estella Gihiala at the Penama Provincial Council [2003] VUOM 12; 2003.15 (26 June 2003)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

IMPROPER TERMINATION OF
MRS. ESTELLA GIHIALA
AT THE PENAMA PROVINCIAL COUNCIL

26 June 2003

9371/2003/15

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PUBLIC REPORT

ON THE

IMPROPER TERMINATION

OF MRS. ESTELLA GIHIALA

AT THE PENAMA PROVINCIAL COUNCIL

SUMMARY

On 3 April 1999 the Ombudsman received a complaint from Mrs. Estella Gihiala, President of Penama Provincial Women Council (PPWC). Mrs. Gihiala was appointed by the Minister of Internal Affairs as a nominated member to the Penama Provincial Council for a term of 4 years as from 25 August 1997. Mrs. Gihiala alleged that she was improperly terminated from the Council and was replaced by Mrs. Moriel Tari Tambeana. Prior to Mrs. Gihialla’s official appointment, the Penama Provincial Secretary General,
Mr. Steven Garae, notified Mrs. Gihiala [on 22 August 1995] that the Minister of Internal Affairs had appointed her as a Women’s Representative to the Council.

On 12 March 1999 Mrs. Gihiala received a phone call from the Secretary General of Penama Province, Mr. Keith Mala, informing her that she was terminated from the Council. Mrs. Gihiala had not received a termination letter from the Minister responsible for Internal Affairs nor was she given an opportunity to be heard for any allegations being made against her. By the time Mrs. Estella Gihiala was informed of her termination from the Council, the Penama Provincial Council of Women had already nominated Mrs. Moriel Tari Tambeana to replace her. Then the Minister of Internal Affairs appointed Mrs. Tambeana as their Woman’s Representative.

On 5 August 1999 the Ombudsman requested the Minister of Internal Affairs, Honorable Vincent Boulekone in a letter to provide information and documents regarding Mrs. Gihiala’s termination. On the same day the Ombudsman sent another letter to the Secretary General of Penama Province, Mr. Keith Mala, requesting him to furnish the reason for which Mrs. Gihiala’s employment was terminated and whether she was given 3 months notice.