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Queensland hosts Tongan athletes, taekwondo team ahead of Samoan Pacific Games

By
Philip Cass
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Tonga’s Pacific Games Taekwondo Team flew out of Brisbane yesterday for the Pacific Game in Samoa.

The team arrived from Tonga three weeks ago to train before the Game.

“We are thrilled to see our Tongan teams selecting to train here in Australia,” Brisbane Tongan Community Event Co-ordinator, Toakase Layt said.

Coach Paula Sitapa said when he first saw the team in Tonga before the start of the Brisbane training programme he doubted their chances.

However, he said they were now ready.

When asked about the biggest challenges the team faced at the Pacific Games, Sitapa said: “We are Tongan! We rule and conquered other nations.”

Sitapa trained Pita Taufatofua who represented Tonga at the 2016 Summer Olympics in Rio de Janeiro.

“Taekwondo is a sport that tells the individual that he or she can reach their highest potential in life by realising who they are and their purpose,” Sitapa said.

Meanwhile, a total of 40 Tongan athletes have been training in Townsville in North Queensland.

They were hosted by  Va‘ai Taumalolo, father of Mate ma‘a Tonga legend, Jason Taumalolo.

The main points

  • Tonga’s Pacific Games Taekwondo Team flew out of Brisbane yesterday for the Pacific Game in Samoa.
  • The team arrived from Tonga three weeks ago to train before the Game.

Heilala history rewritten in retaliation for former Miss Heilala Funganitao’s speech

By
Philip Cass
-

Tonga’s tourist authorities will wipe former Miss Heilala Kalo Funganitao from the records in retaliation for her speech at this year’s crowning ceremony.

The committee’s decision comes a day after the Heilala Festival Committee and the Tonga Tourist Association issued a statement acknowledging Funganitao’s work in promoting Tonga during the past year.

Funganitao spoke out during the crowning ceremony about how she had been bullied since being crowned and what she said was the lack of support over the issue.

As Kaniva news reported earlier this week, the committee said they did not condone any form of bullying.

The Tonga Tourist Association Executive Committee said today Funganitao had not fulfilled the requirements of her position and all records of her reign would be removed.

“It is regrettable that as an ambassador of Tonga Miss Funganitao has not fulfilled her duties and obligations,” the committee said in a statement.

“She failed to properly hand over her reign to the newly chosen Miss Heilala 2019-2020. “

The committee said  Miss Funganitao voluntarily gave up her crown and sash when she placed them on the podium and walked off the stage during the final night of the competition.

She did not crown her successor on the night

“Due to the removal of Miss Funganitao as Miss Heilala 2018 – 2019 the committee has concluded that Miss Lupe Vete who was the first runner up of the Miss Heilala Pageant 2018 – 2019 competition be recognised as the Miss Heilala for 2018 – 2019 and all future records will reflect this.”

End pageants

Funganitao’s speech and the furore following it has become a global story, with the UK Guardian newspaper reporting today:“Tonga is in uproar after its annual beauty pageant was marred by accusations of bullying, backstabbing and racism, prompting calls by women’s rights leaders for the pageant industry to be abandoned altogether.”

Co-ordinator of Tonga’ Ma’a Fafine Moe Famili, Betty Blake, told Radio New Zealand the event should be reviewed.

She said it highlighted wider issue with people in power trying to cope with young women.

“There’s a power struggle and there’s a cry from this young woman to be heard. I think beauty pageants have had their day.”

The main points

  • Tonga’s tourist authorities will wipe former Miss Heilala Kalo Funganitao from the records in retaliation for her speech at this year’ crowning ceremony.
  • The committee’s decision come a day after the Heilala Fetival Committee and the Tonga Tourist Association issued a statement acknowledging Funganitao’s work in promoting Tonga during the past year.

For more information

Heilala committee says it regrets bullying, racism on final night,  but still says speech should not have been made

Heilala committee says it regrets bullying, racism on final night, but still says speech should not have been made

‘Beauty pageants have had their day’ – Tonga women’s agency

https://www.rnz.co.nz/international/pacific-news/393946/beauty-pageants-have-had-their-day-tonga-women-s-agency

‘It’s had its day’: ugly scenes as drama descends on Tonga’s beauty pageant

https://www.theguardian.com/world/2019/jul/11/its-had-its-day-ugly-scenes-as-drama-descends-on-tongas-beauty-pageant

Supreme Court cites Samoan legal ruling to find in favour of Attorney General

By
Philip Cass
-

The Supreme Court has used a Samoan legal precedent in ruling that the Attorney  General  has  the  power to intervene in, and terminate, private prosecutions.

Lord Chief Justice Paulsen said the ruling arose out of an action by ‘Etuate Lavulavu and his wife, who are facing charges of obtaining money by false pretences and knowingly dealing in forged documents.

These arose out of their involvement in the affairs of an educational organisation called ‘Unuaki-‘O-Tonga Royal Institute.

The charges were laid following an investigation authorised by the Auditor General.

In response Mr. Lavulavu began civil proceedings for judicial review of aspects of the special audit. He also began private prosecutions against four people involved in the review.

When the private prosecutions came before the Magistrate’s Court for committal, the then Acting Attorney General applied to take over the prosecutions and to terminate them.

He claimed that Clause 31A (l)(b) of the Constitution, gave him the authority on behalf of the Crown to manage all criminal prosecutions in the Kingdom.

The Acting Attorney General argued that there was insufficient evidence to support the prosecutions, that  there was no public interest in the pursuit of the prosecutions, that  the prosecutions were an abuse  of the Court’s processes and that the interests of justice required them to be terminated.

Mr. Lavulavu opposed the Acting Attorney General’s applications.

On April 9, 2019, Principal Magistrate Mafi ruled that the Acting Attorney General had no right to intervene to conduct the prosecutions without Mr Lavulavu’s consent.

However, he stayed the prosecutions until after Mr Lavulavu’s trial in the Supreme Court.

The Acting Attorney General appealed the  Principal  Magistrate’s ruling. The recently appointed Attorney  General,  Mrs.  Folaumoetu’i, appeared  at the hearing of  the appeal.

Mr. Lavulavu filed a cross-appeal seeking the lifting of the stay, so he could pursue the private prosecutions.

Mrs. Folaumoetu’i, argued that her right to intervene and discontinue a prosecution was recognised under common law and was contained in the powers conferred  upon  her by the Constitution.

She argued that a citizen’s right to bring a private prosecution was not  absolute and was subject to the powers  of the Attorney General; the existence and exercise of which were necessary in the public interest.

Mrs Folaumoetu’i said that to ensure decisions to prosecute were exercised lawfully and properly, the Attorney General must have powers of supervision and intervention.

“Mr. Lavulavu spoke of the personal toll that the Auditor General’s special audit has had upon him and the steps that he has taken to obtain justice,  for what he perceives are wrongs done to him,” Lord Chief Justice Paulsen said.

“He argues that there is nothing in Clause 31A which authorises the Attorney General to intervene in a private prosecution.

“He submitted that the Attorney-General is not impartial or independent as she is the advisor to the executive and legislative branches and also effectively representing the Auditor General in the prosecution against him.”

Lord Chief Justice Paulsen said the Attorney General was not in Cabinet nor a member of the  Legislative Assembly. She was an officer of the Crown and was not answerable to them and had complete discretion to exercise her legal powers and duties.

The judge reviewed legal authorities in Canada,  New  Zealand, Fiji and Australia and said that Samoa provided appropriate guidance.

“The Court of Appeal of Samoa  found  that .the Attorney-General’s decision to discontinue a private prosecution is reviewable but only on the grounds of “flagrant impropriety” in the exercise of the discretion,” he said.

“The Attorneys General in Samoa and Tonga fill similar constitutional positions and I can see no reason why the same approach would not apply in Tonga.

“A private prosecutor aggrieved by a decision of the Attorney General to intervene would, in my view, be entitled to seek a judicial review of that decision in this Court.”

 “The Attorney General’s appeal is allowed and the ruling of the Principal Magistrate is quashed in its entirety,” he said.

“The Attorney General is granted leave to intervene and conduct the private prosecutions brought by Mr. Lavulavu.

“The cases are to be called before a different Magistrate on the first available date after August 1, 2019, at which time the Attorney General  is to advise if she will pursue the prosecutions or discontinue them.”

The main points

  • The Supreme Court has cited Samoan legal precedent in ruling that the Attorney  General  has  the  power to intervene in, and terminate, private prosecutions.
  • In his ruling on the case, Lord Chief Justice Paulsen said the ruling arose out of an action by ‘Etuate Lavulavu and his wife, who are facing charges of obtaining money by false pretences and knowingly dealing in forged documents.

Miss Pacific Islands denies Deputy PM made racist remarks; says they came from VIP area

By
Philip Cass
-

Tonga’s Deputy Prime Minister Semisi Sika was not the person who made racist remark at the Heilala Festival’ crowning evening, according to Miss Pacific Islands Leoshina Kariha.

She said the allegations were untrue.

“Much has been said over the past few days with regard to my alleged treatment in Tonga,” Kariha said.

”There was no comment made by the Deputy Prime Minister.”

She confirmed that a comment had been made by a person in the VIP area.

“That is something that is never nice to hear, but [it was] said by one individual.”

She said the PNG delegation had been treated with dignity and respect while in Tonga.

Yesterday Papua New Guinea’s leading daily newspaper, the Post-Courier, ran a story claiming “a prominent Tongan legislator” had called Kariha “black, ugly and disgusting.”

The Post-Courier story online does not name Sika as the person responsible.

The Heilala organising committee issued a statement saying that claims the remarks had been made by the Deputy Prime Minister were not true.

“The Deputy Prime Minister is deeply disturbed by these accusations,” the committee said.

“The Deputy Prime Minister is grateful for the attendance of Ms Kariha.”

The main points

  • Tonga’s Deputy Prime Minister Semisi Sika was not the person who made racist remark at the Heilala Festival’ crowning evening, according to Miss Pacific Islands Ms Leoshina Kariha.
  • But she confirmed that a comment had been made by a person in the VIP area.

For more information

Tongan leader call PNG beauty queen ugly

Tongan leader calls PNG beauty queen ‘ugly’

Miss PNG sets record straight

Miss PNG sets record straight

Heilala committee says it regrets bullying, racism on final night, but still says speech should not have been made

By
Philip Cass
-

The Heilala Festival committee says it deeply regretted the bullying and racist reaction to the speech by 2018 winner Kalo Funganitao at the crowning night.

During the final stage of the competition, Funganitao criticised the competition’ organisers for not supporting her when she became the victim of cyber bullying following her win last year.

Radio New Zealand reported that Deputy Prime Minister Semisi Sika, who is also the festival director, has been accused of failing to intervene when someone from the VIP table reportedly screamed racist abuse at Miss Pacific Islands Leoshina Kariha,who is from Papua New Guinea.

It described Funganitao’s speech as the strongest criticism the pageant had ever received.

The Committee and the Tonga Tourist Association said they did not condone any form of bullying or racism and took allegations about the behaviour very seriously.

They acknowledged Funganitao’s work in promoting Tonga during the past year.

However, the committee said she should not have publicly aired  concerns she had harboured for the previous 12 months.

It said the focus of the evening should have been on the contestants and incoming Miss Heilala for 2019-20. 

“The Heilala Festival Committee and Tonga Tourist Association do not condone the Heilala Pageant being used as a platform for advancing individual agendas of any contestant, past or present,” Hon. Sika said.

“The final night of the pageant competition is to celebrate the 25 contestants’ participation and to crown the winner.

“This was not completed in the usual fashion, which is truly regretted for the 25 contestants, their families and supporters.”

Incredibly brave

Meanwhile, New Zealands’ flagship Pacific new programme, has praised Funganitao for her courage in speaking out.

Presenter Indira Stewart said it was “never the time in our culture to confront issues.”

She described the former Miss Heilala as “incredibly brave.”

The main points

  • The Heilala Festival committee say it deeply regretted the bullying and racist reaction to the speech by 2018 winner Kalo Funganitao at the crowning night.
  • During the final stage of the competition, Funganitao criticised the competition’ organisers for not supporting her when she became the victim of cyber bullying following her win last year.

For more information

Indira Stewart and Sanele Chadwick talk Miss Heilala controversy and Pacific Games

Ceremony was wrong time and place  for  speech against bullying say critics, but former winner says she is “relieved”

Ceremony was wrong time and place for speech against bullying say critics, but former winner says she is “relieved”

Anger as Tongan beauty queen’s bullying claim speech disrupted

https://www.rnz.co.nz/international/pacific-news/393846/anger-as-tongan-beauty-queen-s-bullying-claim-speech-disrupted

Nasi Manu included in Tonga’s squad for Pacific cup

By
Kaniva Staff
-

By Radio New Zealand

The emotional return of number eight Nasi Manu headlines Tonga’s 31-man squad for the Pacific Nations Cup rugby competition.

The 30 year-old made his test debut for the ‘Ikale Tahi last year but underwent surgery for testicular cancer in August and missed the entire Pro-14 season for his Italian club Bennetton Treviso.

But ‘Ikale Taki coach Toutai Kefu said he was always in their thoughts and is an important part of their squad.

“And I think for him myself personally, it’s good to be back. He’s always been high in in our thoughts and he’s a quality player. He was never going to miss selection but due to illness, he had to have a break for a while.”

Departing Hurricanes lock Sam Lousi is one of four new caps in the Tongan squad, alongside Bayonne prop Toma Taufa, Tonga A first five James Faiva and Auckland midfielder Otumaka Mausia.

Toutai Kefu said the former New Zealand Warriors rugby league player, who also played for the Waratahs and will join Welsh club Scarlets next season, is a player he’s been chasing for a long time.

“He’s a great player as you know, wealth of experience in super rugby and he’s looking forward to putting the red jersey on. He’s a great individual and I’ve had many conversations with him, and we are finally able to get him in the end,” Kefu said.

Tonga will kick off their Pacific Nations Cup campaign against Manu Samoa in Apia on July 27 – before facing Japan in Osaka and Canada in Lautoka.

The Kingdom will also take on the Flying Fijians in the Pasifika Challenge in Auckland at the end of August, before facing the All Blacks in Hamilton in their final test before departing for the World Cup.

Kefu said the next two months is crucial for their preparations for the World Cup, where they are targeting a spot in the quarter finals.

“We got a way we want to play that gets us the best result, it’s going to take a while to implement, and we are confident we can do that.”

“Success for us is probably automatci selection for the next World cup in France but our goal is to make the playoff stage which we need to win three games,” he said..

“We have a tough poll, we got England first up and then we go Argentina, France and then USA.” The three games we want to target and win.”

“We have looked at that opposition very closely, we will come up with something more specific in terms of our game plan and how we want to play those games.”

“We are confident and we think we can do it, we think we got the squad, we’ve got a blueprint on how we want to play and approach a game, that’s our goal,” Toutai Kefu said.

The Tongan squad will assemble in Auckland on Monday for a one-week training camp before departing for Samoa.

Tonga squad for Pacific Nations Cup:

Paea Fa’anunu, Siegfried Fisi’ihoi, Toma Taufa*, Paula Ngauamo, Elvis Taione, Sefo Sakalia, Ma’afu Fia, Siua Halanukonuka, Ben Tameifuna, Leva Fifita, Onehunga Havili, Sam Lousi*, Steve Mafi, Zane Kapeli, Fotu Lokotui, Nasi Manu, Sione Vailanu, Ma’ama Vaipulu, Sami Fisilau, Leon Fukofuka, Sonatane Takulua, Latiume Fosita, James Faiva*, Otumaka Mausia*, Siale Piutau, Nafi Tuitavake, Viliami Lolohea, Afa Pakalani, Cooper Vuna, Tevita Halaifonua, Fetuli Paea.

Not considered due to injury : Sione Kalamafoni, Telusa Veainu.

Ceremony was wrong time and place for speech against bullying say critics, but former winner says she is “relieved”

By
Kalino Latu
-

The speech by Miss Heilala 2018 Kalo Funganitao at this year’s award ceremony has been criticised for being made at the wrong time and the wrong place.

During the final stage of the competition, Funganitao criticised the competition’s organisers for not supporting her when she became the victim of cyber bullying following her win last year.

Her speech and the uproar surrounding it have polarised the South Pacific media and divided the online public.

Some said the incident had been politicised by the government opposition’s supporters, especially the followers of anti-government social media Facebook groups. 

Funganitao was making the speech before she was expected to crown the Miss Heilala 2019/20 but her microphone was turned off after organisers realised she was launching an attack against them.

“Enough is enough. If you have guts to attack a person as a group in such a cowardly way then you can deal with the consequences when she shares her experiences with the entire world,” Funganitao said on the night.

Today she told Stuff: “In all honesty, I am feeling very relieved post pageant. I’m actually pretty good at the moment.”

Tourism businesswoman Yvette Guettenbeil Paea said discrediting the organisers did not do any good.

In Tongan she wrote online: “He ikai ke ma’u ha lelei hono tapalasia e kakai ne nau fai honau lelei tahaa pea mo ngaue’i mai he ngaahi ta’u lahi ke a’u kiha tu’unga ma’olunga pehe ni.”

She said she valued the time and money spent to prepare the celebration for the public to enjoy. She thanked the Minister of Tourism, the Heilala Organising Committee, the sponsors and families of the contestants for spending on the pageant every year.

In Tongan she said: “Kaikehe koe me’a oku ou mahu’inga’ia au aii, koe fu’u ngaue moe fakamole taimi moe $ ki hano teuteu oe Katoanga ni, ke tau alu atu o fiefia ai, ikai ketau hela’ia hano palani pe ko hano ngaue’i. Maloo e ngaue lahi ‘ae Minisita TakiMamata mo ene Potungauee, kae’uma’aa e kau Komiti Uike Heilala, moe kau Sponsors mo kinautolu kau Misi mo honau family, ne fakamole honau taimi moe $ ke tokoni kihe Katoanga faka’ofo’ofa he ta’u kotoa.” 

She said Funganitao may have been right, “but I don’t agree that it was the right place and time.”

Reverend Olympia Kaumatule Vake of the United Methodist Church in US said Funganitao was at fault. She said she was representing the whole of Tonga not just her and her family.

Commenting online, she said: “Ko Kalo pe ia ‘oku to nounou ‘ene fai fatongia … oku ke represent e koe ‘a Tonga Katoa …. Ko e Miss Heilala koha taha ‘oku sio kihe fonua fklukufua ‘o ‘Ikai ko ia pe mo hono Famili.”

There were also reports that some racist comments made during the incident.

Some online commentators believe they were made by people who were drunk.

One commentater, Fotu Kuliha’apai, said in response to a post which supported Miss Funganitao: 

“Miss Heilala is always controversial, but the racist comment is what I am more interested in. I need the fact before we call for his head. Can’t trust any of your sources. I have good sources in Tonga who hates the current government and they haven’t said a thing about it so…I’ll wait.

Support

Some commentators stood by Miss Funganitao:

” I see the pros and cons of what Kalo shared and the occasion on which she shared it,” a commenter wrote.

“Many argue if this was the correct platform to bring to light cyber bullying and the reality of being in a pageant? Was it necessary for her to take it there on this night?

“I agree with everything Kalo said.

“What I wish she did was stand still and complete her duty as the reigning 2018 Miss Heilala and crown the next 2019 Miss Heilala. In such a situation and platform, you must be able to speak your mind but also stand your ground and do your duty.

“She would have gotten her point across while passing the light on to the next Miss Heilala 2019.

“But…I was not there to understand and feel the vibe and her reasoning to immediately leaving after her speech.”

Another wrote: “Lucky Kalo wasn’t my daughter I would sue every friggin one of them for lack of duty of care and being negligent in every way possible! Stop the pageant until the problems are fixed and the DPM needs to check himself…what if that was his daughter? God bless Kalo and her family.”

Prepared

Funganitao told Stuff there were people who did not agree with her action on the night and described the situation as “tense.”

However, she said she had been prepared to face that ahead of the speech. 

“My mother and I had gone to see a lawyer, just to keep her in the loop with some of the things that had been happening,” Funganitao.

“Then then we talked to a lot of our family and friends and people whose opinions we really valued. The decision was that I would just tell everything during my final address. 

“The chances were they were going to cut off the live stream, cut off my mic, but I would just continue regardless and that’s exactly what I did.”

The main points

  • The speech by Miss Heilala 2018 Kalo Funganitao at this year’s award ceremony has been criticised for being made at the wrong time and the wrong place.
  • During the final stage of the competition, Funganitao criticised the competition’ organisers for not supporting her when she became the victim of cyber bullying following her win last year.

For more information

Deputy PM slams Heilala speech, but contestants linked arms in apparent display of solidarity 

Deputy PM slams Heilala speech, but contestants linked arms in apparent display of solidarity

Statue of first king of Tonga installed in front of St George palace

By
Philip Cass
-

A controversial statue of Tonga’s first ruler, King ‘Aho’eitu, has been installed in front of St George Palace in Nuku’alofa.

It is believed that this is a temporary installation and that the sculpture is supposed to be installed at the Popua National Park.

King Tupou VI’s birth name is king ‘Aho’eitu.

As Kaniva news reported in May, Associate Professor Viliami Tolutaʻu from Brigham Young University in Hawa’i met Prime Minister ‘Akilisi Pōhiva in Tonga and told him he wanted to construct a bronze sculpture of king ‘Aho’eitu in the park.

Tolutaʻu is from Pangaimotu, Vavaʻu.

The Prime Minister agreed with the proposal, but the government was shocked to receive  a bill from Toluta’u saying he wanted for US$100,000 if it wanted him to go ahead with the work.

Chief Secretary Edgar Cocker said Toluta’u later wrote to say the government should ignore the invoice because he had found somebody to fund the project.

The statue of King ‘Aho’eitu is shown holding a sika, javelin. He won a javelin throwing competition between him and his brothers.

Several kupesi, or geometric designs, are carved on his tapa cloth. One of them is the footprint of the tuli bird – a symbol of the Tangaloa clan.

There is also a depiction of the hoi plant, which is poisonous.

ʻAhoʻeitu is depicted wearing a fāʻonelua necklace.

The main points

  • A controversial statue of Tonga’ first ruler, King ‘Aho’eitu ha been installed in front of St George Palace in Nuku’alofa.
  • It is believed that this is a temporary installation and that the sculpture is supposed to be installed at the Popua National Park.

For more information

US$100,000 “unexpected invoice” for ‘Aho’eitu image shocks government, Chief Secretary says

US$100,000 “unexpected invoice” for ‘Aho’eitu image shocks government, Chief Secretary says

Deputy PM slams Heilala speech, but contestants linked arms in apparent display of solidarity

By
Philip Cass
-

Tongan Deputy Prime Minister Semisi Sika has slammed comments made at last night’s Miss Heilala crowning ceremony by the 2018 winner as disgraceful.

Hon. Sika was reported to have ordered that loud music be played to drown out a speech by last year’s winner, Kalo Funganitao.

“She disgraced the dignity of the Miss Heilala pageant,” he said.

However, during her speech this year’s contestants linked arms in an apparent display of solidarity with Funganitao.

During the closing event in Nuku’alofa, Funganitao, launched an attack on the pageant for not doing anything after she was bullied by pageant committee members and members of the public.

She said he had been the victim of cyberbullying ever since he won the title and pageant organisers had not supported her.

The incident, which was livestreamed,  showed Funganitao saying she and her mother had been cheated and lied to.

Funganitao was supposed to crown this year’s Miss Heilala winner, Miss Yehenara Soukoup from Hawai’i.

Speaking to Kaniva news, Hon. Sika said the Auckland University law student had “misconducted herself.”

He said it was “inappropriate”  for her to criticise the Heilala Pageant Committee and its work on stage.

“Her final speech and walk on stage should have been a time to give thanks and be positive,” the Deputy Prime Minister said.

“It was not an opportunity for her to make negative criticisms as she discredited the Pageant and the Miss Heilala 2019.

“It was inappropriate for her to make a political and personal statements.”

However, the 2019 Miss Heilala contestants came onto the stage and joined her brother and mother.

They linked arms and formed a line across the stage as Funganitao spoke.

Local reports said Sika ordered technical staff to play loud music to drown out Funganitao while she was speaking.

Her microphone was then turned off by organisers.

“If you have guts to attack a person as a group in such a cowardly way then you can deal with the consequences when she shares her experiences with the entire world,” Funganitao said.

“There needs to be an upheaval of the restricting current framework because it is not working.”

The main points

  • Tongan Deputy Prime Minister Semisi Sika has slammed comments made at last night’s Miss Heilala crowning ceremony the 2018 winner as disgraceful.
  • Hon. Sika was reported to have ordered that loud music be played to drown out a speech by last year’ winner, Kalo Funganitao.
  • However, during her speech this year’s contestants linked arms in an apparent display of solidarity with Funganitao.

Tribunal orders minor adjustment in pay after hearing appeal on starting salary

By
Philip Cass
-

The Public Service Tribunal has ruled partially in favour of a salary appeal, but has ordered only a small increase.

However, it said the ruling could not later be used as a precedent.

Eileen Elizabeth Fonua lodged an appeal against her starting salary following her appointment as Principal Fisheries Officer with the Ministry of Fisheries.

The Ministry determined that she be paid at the minimum point of $30,240 a starting salary.

Fonua argued that she should be paid a basic salary of $37,806 as this was being the closest entry point to her current salary on the recommended scale.

A former teacher, she worked as a Project Coordinator at the Ministry of Lands, Environment, Climate Change and Natural Resources.

She was then employed as national co-ordinator of a Marine and Coastal Biodiversity management scheme for the Ministry of Energy, Information, Disaster Management, Environment, Climate Change and Communications.

There was extensive correspondence between Fonua and the Public Service Commission over her starting salary, with the PSC arguing that he was not entitled to a higher salary on the pay range for her new job.

It argued that regulations governing the potion did not allow her teaching experience to be taken into consideration because it was not deemed to be relevant to her new work.

In it finding, the Tribunal said there was no evidence of any offer and acceptance letter having been sent prior to Fonua’s appointment.

“This was a crucial step in the appointment process,” the Tribunal said.

“It would have prevented the appellant from making any claim if she had already accepted the terms and conditions of employment.”

The PTS said the result of this case was restricted to its own facts and could not be used as a precedent for future cases.

The Tribunal ruled that she should be paid $32,843 effective from the date she started work.

The main points

  • The Public Service Tribunal has ruled partially in favour of a salary appeal, but has ordered only a small increase.
  • However, it said the ruling could not later be used as a precedent.
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