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Unreasonable Delay by Luganville Municipal Council in Finalising Staff Disciplinary Proceedings [2003] VUOM 18; 2003.23 (18 September 2003)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

UNREASONABLE DELAY BY
LUGANVILLE MUNICIPAL COUNCIL
IN FINALISING STAFF
DISCIPLINARY PROCEEDINGS

18 September 2003

3048/2003/23

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PUBLIC REPORT ON THE
UNREASONABLE DELAY BY
LUGANVILLE MUNICIPAL COUNCIL
IN FINALISING STAFF DISCIPLINARY PROCEEDINGS

SUMMARY

This report describes the unlawful action by Luganville Municipality in keeping an employee suspended for over five years instead of finalising disciplinary proceedings against him. Even though regulations only allow suspension for up to six months, the worker remains suspended at the time of preparing this report.

In August 1997, Mr George Vora received a letter from Mr Karl Batick, concerning his suspension. In October 1997, Mr Vora asked for a meeting with Mr Havo Moli, Commissioner of Luganville Municipality to discuss his suspension. Mr Vora met with three members of a committee formed to consider his suspension on 6 October 1997. On December 2001, Mr Vora raised the matter by letter with Mr Paul Hakwa, however nothing happened. The Town Clerk sent Mr Vora a letter dated 26 February 2002 stating that the issue of his suspension would be discussed at the next council meeting. Mr vora approached Public Solictor Mr Hilary Toa who wrote to Mr Paul Hakwa twice in relation to the suspension on 5 July 2002 and 21 August 2002. On 26 August 2002, Mr Paul Hakwa issued a letter to Mr Hilary Toa concering Mr vora's suspension and termination.

Mr Vora has not yet been terminated as an employee.

The Ombudsman finds that the Luganville Municipal Council failed to follow proper disciplinary procedures when disciplining Mr Vora.

The Ombudsman finds that there is evidence showing that Lungaville Municipal Council has breached regulation 6.5 (e) of the Municipalities staff regulation order, in leaving Mr Vora suspended for over five years.

The Ombudsman therefore recommends that:

- Luganville Municipal Council formally terminate Mr Vora's employment;
- Luganville Municipal Council calculate the entitlements due to Mr Vora on his termination and, pay them to heim;
- Luganville Municipal Council apologise to Mr Vora for the unreasonable delay in finalising his termination; and
- The Town Clerk and Lord Mayor note the fact the staff can only be suspended for up to six months and ensure that any further disciplinary action is completed promptly.