Improper Procedures Used to Extend the Employment Contract of Dr Trinata A Manandhar [1999] VUOM 10; 1999.10 (24 June 1999)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PUBLIC REPORT

ON THE

IMPROPER PROCEDURES
USED TO EXTEND THE EMPLOYMENT
CONTRACT OF
DR. TRINATA A. MANANDHAR
A DENTAL OFFICER
AT VILA CENTRAL HOSPITAL

24 June 1999

7092/9/10

-----------------------------------------

PUBLIC REPORT ON THE
ALLEGED IMPROPER PROCEDURES USED TO EXTEND
THE EMPLOYMENT CONTRACT OF DR TRINATA. MANANDHAR
A DENTAL OFFICER AT VILA CENTRAL HOSPITAL

TABLE OF CONTENTS

-------------------------------------

PREAMBLE

'Let all things be done decently and in order'.

Corinthians 14 v 40

It is a constant source of astonishment to the public to find that, despite instructions about the proper procedures to be followed in the matter of employment positions, many officials and leaders constantly attempt to by-pass these proper procedures and to issue instructions on their own behalf. Much of the confusion that exists in administration and government arises from this belief that the holder of some authority feels he can extend that authority to suit his own plans, or to accommodate some friend or relative, as if the Rules and Regulations should not apply to them.

Unless this habit of taking arbitrary and unlawful actions is broken, we can expect little real progress to be made via the Comprehensive Reform Program or any other plan.

SUMMARY

Dr Trinata Manandhar is a qualified dental officer from Nepal. He came on his own accord to Vanuatu in 1993 to visit his wife who was working as an advisor in the Health Department under UNDP Program.

While in Vanuatu, he applied for the vacant position of dental officer at Vila Central Hospital and was recruited under a local contract for two years.

In October 1993, the Health Department received a complaint about his poor work performance. The former Director of Health, Dr George Bule referred the complaint to the Public Service Department and recommended that his contract be terminated. The Public Service Department never acted on this recommendation.