The decision of the Government to revoke its decision to replace the Ministry of Justice and Community Services was recorded in the Supreme Court proceeding on Thursday morning.
The recent decision of Council of Ministers to revoke its decision to restructure the Ministry of Justice and community services and replace it with the Ministry of Fisheries, Ocean and Maritime Affairs had resulted in the court proceedings.
The lawyer representing terminated Justice Director General Dorosday Watson Kenneth, Mark Hurley, said the judge has recorded that the government had revoked Council of Minister’s decision 179 of 2020. Mrs Watson was terminated as Director General of the Ministry when she challenged the decision of Council of Ministers. He said this decision was challenged in court by Mrs Watson and as a result of government revocation, there is nothing further for the court to consider because it was open to the government to revoke it.
Mr Hurley said that Mrs Watson will now be awarded costs for bringing this proceeding which led to the government’s decision to revoke. He said the judge has extended the period for the lawyers to file submissions as to what costs will be awarded to the claimant.
The Judge is expected to decide on Mrs Watson’s claims after the 10th of May. Mrs Watson made an application to court for judicial review with two orders, which are that the declaration made by the Council of Ministers in October last year regarding the restructuring of the Ministry of Justice and Community Services into the Ministry of Fisheries, Ocean and Maritime Affairs was in breach of the Government Act and an order to quash the COM decision.
Hurley said his client is entitled to file claims against the Public Service Commission on the basis of unjustified termination. He said he will claim for damages which is unfortunate as it will appear as waste of public resources and the loss of a long term civil servant. Hurley said the claims will be based on contractual entitlement and the Employment Act.
SOURCE: VANUATU DAILY POST