The Tongan government has admitted that the dismissal of its former Prison Superintendent Semisi Palu ʻIfoni Tapueluelu 17 years ago was “wrong” and “unlawful.”
Lord Chief Justice Owen Paulsen ruled on November 24, 2015 that the government must compensate Mr Tapueluelu (who is referred to in the court documents as Palu) for damages caused by his wrongful dismissal and loss of salary from October 11, 2001 to December 8, 2002.
According to the ruling, the government accepts liability for both the wrongful suspension and wrongful dismissal. It also accepts that Tapueluelu is entitled to compensation, but disputes how much this should be.
Mr Paulsen held that damages for wrongful dismissal should be assessed on the basis that his employment could not have been terminated until December 18, 2002.
Mr Paulsen ruled that Tapueluelu’s leave benefits under the Retirement Fund Act and Retirement Fund (Administration) Regulations must be assessed on the same basis.
Mr Tapueluelu was deprived of his entitlements “for such an extremely long period of time” and the government had to pay him interest that “should accrue at the flat rate of 10 percent per annum,” the judgement said.
The ruling stemmed from conflict between Tapueluelu and former Prisons Minister, William Clive Edwards in September 1997.
According to the judgment “Mr Edwards made serious allegations against Mr Palu” and accused him of leaking information from the Prisons Department to the press.
He was also accused of disobeying the then minister’s instruction and having a “seditious intent.”
The strife escalated to a point when the Minister terminated Tapueluelu’s role as controller of the kingdom’s prisons on September 28, 1998 and gave the role to the Deputy Superintendent, Mr Sione Falemanu.
Mr Edwards also ordered that Tapueluelu and his family vacate their living quarters at Hu’atolitoli Prison.
On October 22, 1998, Mr Edwards suspended Tapueluelu from his duties without pay with immediate effect, based on 14 diverse allegations.
Mr Tapueluelu had been paid his salary up to October 15, 1998 before it was stopped.
An additional 11 charges were laid against Tapueluelu and a court of inquiry was set up to investigate the matter. However, before the inquiry delivered its findings Tapueluelu received a letter from Edwards on January 17, 2000.
The minister told Tapueluelu he was still subject to his ruling until he was dismissed.
He told Tapueluelu he had to seek his approval if he intended to leave the country.
“You may choose to ignore that approval and leave as you wish which may have different consequences arising from it,” Edwards said in the letter.
The court of inquiry delivered its decision on May 13, 2000 and acquitted Tapueluelu on 10 of the 11 charges.
The inquiry did not recommend dismissing Tapueluelu, but ruled that he had to pay a fine of TP$25 for one charge.
Edwards applied to the Supreme Court to review the decision of the court of inquiry.
But before the Supreme Court reviewed the decision, Tapueluelu was dismissed by the cabinet on the recommendation of the Minister on October 11, 2001.
“The dismissal was backdated to be effective as from 11 November 1998. Mr Palu had spent almost three years (22 October 1998 to 11 October 2001) on suspension without pay,” the judgement said.
The Supreme Court delivered its decision on April 2, 2002.
According to Mr Justice Paulsen’s ruling: “Seven challenges to the findings of the court of inquiry were dismissed. Three challenges were upheld on the grounds of error of law. Rather than return those three questions to the court of inquiry for further consideration the Supreme Court simply declared that the acquittals relating to those questions were unlawful.”
The judgement said Mr Tapueluelu began taking action on his dismissal on December 7, 2004 after he submitted a petition to His Majesty and wrote a number of times to the Prime Minister seeking their intervention. He received no responses at all.
Mr Justice Paulsen said he believed Mr Tapueluelu should also be compensated for his legal costs and left it for the parties to discuss the matter. If the parties could not agree on the matter they could apply for a ruling within 21 days.
Tapueluelu was represented by Counsel Siosifa Tu’utafaiva while the government was represented by the Acting Attorney General ‘Aminiasi Kefu.
The main points
- The Tongan government has admitted that the dismissal of its former Prison Superintend Semisi Palu ʻIfoni Tapueluelu 17 years ago was “wrong” and “unlawful.”
- Lord Chief Justice Owen Paulsen ruled on November 24, 2015 that the government must compense Mr Tapueluelu (who is referred to in the court documents as Palu) for damages caused by his wrongful dismissal and loss of salary from October 11, 2001 to December 8, 2002.
- According to the ruling, the government accepts liability for both the wrongful suspension and wrongful dismissal.
- The ruling stems from a conflict between Tapueluelu and former Prisons Minister, William Clive Edwards that dates back to 1997.
