NATION

Basundra Kumar Termination Stands

Former acting Education permanent secretary Basundra Kumar’s application for leave for judicial review of her termination from her position was dismissed by the High Court in Suva. Justice David Alfred
05 May 2016 19:29
Basundra Kumar Termination Stands
Termination

Former acting Education permanent secretary Basundra Kumar’s application for leave for judicial review of her termination from her position was dismissed by the High Court in Suva.

Justice David Alfred also ruled that Mrs Kumar pay $1000 in costs to the Education, Heritage and Arts permanent secretary.

Mrs Kumar had filed a case following her termination from the Education Ministry and had sought that she be reinstated, that the decision by the former education permanent secretary be declared irrational, erroneous and unreasonable.

Justice Alfred pointed out in his ruling that Mrs Kumar had resigned from her position therefore had no grounds to question the termination of her employment either in public law or in private law.

He noted that on 30 December 2014, Mrs Kumar was suspended without pay pending investigations from the Public Service Commission.

He further noted that on 29 December 2014, Mrs Kumar emailed in her resignation, which she tried to recall on 31 December.

On January 8, her resignation was accepted. Justice Alfred stated that the terms of Mrs Kumar’s appointment and removal were governed by the terms of her contract of employment.

“The fact that the application (Mrs Kumar) was a public servant and her employer was a Government Ministry did not, ipso fact, convert an employee/employer situation from a private law one to a public law situation where judicial review becomes available.”

Edited by Maraia Vula

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