Samoa Observer

Lawsuit by former deputy V.C. adjourned

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Lawsuit by former deputy V.C. adjourned

By Sialai Sarafina Sanerivi 13 April 2023, 9:00PM

A lawsuit by a former National University of Samoa (N.U.S.) deputy vice-chancellor, who is seeking compensation for undue stress and humiliation against the university, has been adjourned to next month.

The matter was called before the Chief Justice, His Honor Satiu Simativa Perese in the Supreme Court on Thursday. However, the counsel representing the N.U.S. Taulapapa Brenda Latu asked for more time to re-assess the matter as well as consult the university's new management. 

She told the Court that she needed to reconfirm her instructions from the new Vice Chancellor of the N.U.S. as well as the executives of the administration. 

Chief Justice Perese granted the request submitted by the counsel and adjourned the matter to 29 May 2023 for the hearing. 

The matter is a $379,000 lawsuit filed by the former deputy V.C. (corporate services) Maugaoali'i Fa'amanu Mualia following the university's decision to dissolve her position in 2019. Her lawsuit included a $179,000 claim for the remainder of her contract of employment at that time. 

The statement of claim alleges that the N.U.S. Council met in August 2019 where it was decided that her position was to be dissolved. The N.U.S. Council stated that the abolishment of the second deputy vice chancellor’s role was the reason for Mauga’s position being made redundant. 

“The plaintiff, therefore, expected that after 2 August 2019, there will no longer be a position of deputy V.C. (corporate services) within the N.U.S.,” the statement says. 

The statement further argues that despite the defendant telling Mauga that the position was dissolved on 2 August 2019 the university continued to have staff act in the role of deputy V.C. (corporate services).

She pointed out that the appointment of an Acting deputy V.C. was proof that the position had not been abolished at all. 

“Therefore the disestablishment of the plaintiff’s position for the reason of being redundancy is disingenuous and therefore not genuine,” the statement says. 

“As such, the plaintiff has suffered loss and damages for undue distress, anxiety, humiliation, loss of dignity, and injury to feelings.” 

A Cabinet Directive dated 24 April 24 2019 ordered an independent investigation to be conducted into the N.U.S. This led to Mauga and another deputy V.C. (academic and research) Peseta Desmond Lee Hang being placed on special leave with pay pending the investigation's findings at the time.  

The investigation concluded on 24 May 2019. But Mauga’s special leave was extended for another two months so that N.U.S. could review its operations, the statement of claim says. 

By Sialai Sarafina Sanerivi 13 April 2023, 9:00PM
Samoa Observer

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