The National Court has allowed for dismissed Correctional Service Commissioner Michael Waipo to have a judicial review into the manner he was dismissed from office on Feb 9.
Justice Collin Makail allowed leave to Waipo’s application seeking a judicial review proceeding. Waipo has been given 14 days to file the notice of motion for the review.
Wapio was dismissed from office on claims of non-performance on Feb 9. A judicial review proceeding was filed on Feb 12.
In allowing leave, Justice Makail said Waipo was not given an opportunity to improve on his performance or to respond to criticism of his performance.
It was made known in court today that since Wapio’s term in office was made effective on Sept 25,2014, he did not signed a contract for his employment or appointment to that position, a procedure that falls under the Public Service Management Act.
Justice Makail however refused a second application sought by Waipo asking temporary stay of his termination and maintain the status-quo of his position as commissioner until the substantive matter of review is determined by the court.
Waipo was also refused restraining orders against the CS Minister Jim Simatab, the new commissioner Bernard Nepo and their servants and agents from interfering with his functions as commissioner.
Justice Makail refused the second application saying the last thing the court wants to see is division within the rank and file of the Correctional Service.
He allowed for the new commissioner Bernard Nepo to perform in that position while the court reviews the dismissal of Waipo.