Suspended Secretary for the Department of Labor and Industrial Relations, Mary Morola, has been reinstated by the Waigani National Court.
The court today quashed her suspension from office in the judicial review case she filed against the NEC, the state and acting secretary George Bopi.
Bopi, the Chief of Staff to the Office of the Prime Minister, was appointed to act in the position after a government team, led by Department of Personnel Management Secretary, John Kali, was appointed to investigate the allegations against Morola.
His appointment will cease upon the reinstatement of Morola, the court ordered.
Secretary Morola was suspended on May 3 over the alleged influx of an estimated 43,000 unqualified foreigners into the country, who were issued with work permits, without proper process and arrangements.
She was also suspended over the poor performance of the Industrial registrar and her lack of administrative actions, especially in relation to issues on illegal PNG health support workers association.
That suspension was stayed by the Court pending this review of the NEC’s decision.
She told the court through her lawyer that she was not aware of the NEC decision, dated May 3rd, for her suspension until it was reported in the media the next day.
Today, the court ruled there was a procedural error leading up to her suspension.
It was found that section 29 of the Public Service (Management) (Employment of Departmental heads) regulation – 2014 was not complied with.
She was not given the opportunity to respond to the allegations against her within seven days, nor was she made known of the allegations before being suspended, which was a fundamental breach.
The court also found that Bopi, who was appointed as acting Secretary, was not eligible for appointment, simply because he was not a serving officer within the Department but “someone from outside and a political associate of the Prime Minister”.
In welcoming the court’s decision, Morola said departmental heads must be allowed due process, natural justice must be accorded.
“That is the decision that the court has made and I am very thankful. Public servants, regardless of who you are and what level, there are processes that are put in law that must be accorded and followed,” she added.
(Secretary Morola with her lawyer outside court today)