A lawsuit brought by a former Fire and Emergency Service Authority (FESA) Manager against several Government entities has been scheduled for trial in August this year. 

Fa’afetai Alisi is suing her former employer, the Ministry of Finance and the Ministry of Public Enterprises and claiming $900,000 from each Government entity as damages.

Her claim against the Office of the Ombudsman was struck out last year. 

In the Supreme Court on Monday, her lawyer Kirsten Kruse and the Attorney General’s Office acting for the Government entities were ready to head to trial. 

Ms. Faafetai's employment was terminated in 2020  and since has been fighting to be reinstated claiming it was unlawful, a breach of her civil rights and natural justice.

She claims her suspension and subsequent termination in 2020 for misappropriation of funds, had no foundation and was therefore unlawful and a breach of her contract. 

A report on separate investigations by the M.P.E and M.O.F. alleged misappropriation of funds by the plaintiff through overtime payments which the F.E.S.A. claimed she was not entitled to.  

According to the statement of claims, the former manager was informed by the F.E.S.A. Commissioner in March 2020 that she was the subject of an investigation by the Ombudsman. 

The Commissioner did not provide any particulars of any allegations against the plaintiff nor was she informed of the complainant. 

In November 2020, F.E.S.A. informed the plaintiff that she was required to attend an interview with the Ombudsman about the said investigation. 

At the interview with officers of the Ombudsman, she claimed she was not informed of what administrative decision the Ombudsman was investigating, and was not allowed to properly prepare a response and was denied the opportunity to be heard. 

Through a letter dated 17 December 2020, F.E.S.A. suspended her with immediate effect for four weeks on full pay, citing the investigation conducted by the Ombudsman. 

In January 2021, F.E.S.A. extended the plaintiff’s suspension for another two weeks but this time ceased her wages. 

In the same month, M.O.F. informed the former F.E.S.A. employee that she had been implicated in the Ombudsman’s report dated 30 November 2020 and the Ministry launched an investigation into the allegations of misappropriation of public funds and properties. 

Ms. Faafetai claimed the M.O.F. failed to inform her of the actual allegations or charges for her to be reasonably informed ahead of an interview by the Ministry. 

In June 2021 Ms. Faafetai wrote to the F.E.S.A. seeking an update on the status of her suspension. In response, the authority terminated her employment by a letter in August of that year, based on the findings of alleged misappropriation of funds and recommendations by the M.P.E. and M.O.F. 

The former manager said she was not informed of the findings and recommendations nor was she privy to a copy of the investigation report. 

She claimed that an unlawful report prepared by the Ombudsman led to her suspension by the F.E.S.A. and her referral to the M.P.E. and M.O.F for further investigation.  

Both investigations from M.O.F. and M.P.E. concluded that the plaintiff had misappropriated public funds. 

The M.O.F. report stated that there was alleged misappropriation of public funds of $42,957 of which $19,640 was paid to the former manager. The report recommended disciplinary action against her. 

The M.P.E. report stated that the plaintiff had taken advantage of the on-call allowance and was not entitled to request, claim or receive overtime and allowance payments.