Kaitapu v Public Service Commission [2014] TOPST 7; PST Appeal No. 04 of 2014 (26 August 2014)

Government of Tonga
Public Service Tribunal

PST Appeal No.04 of 2014

Ms. 'Ana Tupou Sue Kaitapu
Appellant

Public Service Commission
Respondent

Tribunal:
Mr. 'Aisea H. Taumoepeau, SC - Chairman
Lady 'Eseta Fusitu'a - Member
Mr. Timote Katoanga – Member

Representation:
Appellant: Ms. Kilisitina Tuaimei'api, Ministry of Finance & National Planning
Respondent: Mr. Sione Sisifa, SC - Acting Solicitor General
Ms Charlotte Vuki - Deputy Secretary, Public Service Commission

Date of Hearing: 21 August, 2014
Date of Ruling: 26 August, 2014

'Ana Tupou Sue Kaitapu v Public Service Commission
PST Appeal No. 4/2014

1. This is an appeal by 'Ana Tupou Sue Kaitapu (the Appellant) against a decision, Public Service Commission Decision (PSCD) No. 239 of 02 July 2014, of the Public Service Commission (PSC), which reads as follows —
   • "That the request by Ms 'Ana Tupou Kaitapu, Assistant Procurement Officer, Ministry of Finance and National Planning to take study leave with pay be not approved".

Background

2. The Appellant was employed as a daily paid employee in the Ministry of Finance and National Planning since 21 September 2009.
3. From 12 March 2012 to 30 June 2013 there was a "freeze placed on all appointments/promotion" both to established staff and daily paid labourers, except for new scholars and cases of emergencies [PSCD No. 60 of 21 February 2012; PSCD No. 302 of 22 June 2012; PSCD No. 01 of 04 January 2013].
4. That the "freeze placed on appointments/promotion" was extended to 31 December 2012, under PSCD No. 302 of 22 June 2012.
5. Under PSCD No. 01 of 04 January 2013, the "freeze placed on appointments/promotion" was extended to 30 June 2013.
6. The total period of the "freeze on appointments/promotion" was lifted as from 30 June 2013.
7. The Appellant was employed on daily paid basis from 21 September 2009 until 14 February 2014. She was appointed (on 14 February 2014) to the established post of Assistant Procurement Officer under PSCD No. 51 of 14 February 2014.