The Government is expected to seek parliamentary approval this week to settle a court awarded payment of more than VT26 million owed to the late Dorosday Kenneth Watson, nearly three years after the Court of Appeal (COA) ruled in her favour.

The payment is included in the supplementary budget bill for the Ministry of Justice, Youth and Community Services (MoJYCS), which is expected to be tabled during the First Ordinary Session of Parliament beginning Friday 15 May.

The late Watson, a former Director General (DG) of the Ministry of Justice and Community Services, successfully challenged her dismissal from the Public Service after the COA upheld a Supreme Court ruling that found her termination unlawful.

In Republic of Vanuatu v Watson [2023] VUCA 31, the COA confirmed that Watson was wrongly dismissed in March 2021 following allegations of serious misconduct linked to her legal challenge against a government restructuring decision.

The Court found her actions were not aimed at opposing government policy, but rather at highlighting procedural breaches in the decision making process.

Although the Republic appealed the original Supreme Court ruling, the COA dismissed most grounds of appeal and reduced only the severance multiplier applied under section 56(4) of the Employment Act.

As a result, Watson’s compensation was reduced from VT34,102,451 to VT26,626,579, which remains payable under the Court’s final orders.

However, despite the appeal being concluded in August 2023, no payment has been made to date.

Following the court proceedings, Watson passed away before receiving the compensation.

The Daily Post spoke with members of the late Watson’s family, who confirmed that the payment remains outstanding.

According to the supplementary budget bill, the MoJYCS is seeking a total supplementary appropriation of VT184,039,603, which includes the VT26,626,579 allocation intended to settle the court ordered payment to Watson’s estate.

The appropriation is expected to be debated as part of Parliament’s budget deliberations during the First Ordinary Session.

The delayed payment now requires formal appropriation through Parliament in 2026 before funds can be released, in compliance with the COA ruling.

Watson, who joined the Public Service in 1987, held several senior government roles including Director of Women’s Affairs, Director of Agriculture, Director of Fisheries, and DG of Justice.

Her case has been widely viewed as a significant ruling on public service employment protections amid pressure from politicians, fixed term contracts, and the right of senior officials to challenge government decisions on procedural grounds.


SOURCE: VANUATU DAILY POST