A decision by the Minister for Foreign Affairs, Hon. ‘Akilisi Pohiva to redeploy four senior staff from Foreign Affairs to other government ministries was overturned by the Public Service Tribunal on 9 December 2016.

Their redeployment was cancelled and they were awarded costs.

The rulling follow a complaint that was made to the Public Service Commission by the four senior staff: Hon. Fane Tupouvava'u, HSH Princess Kalaniiuvalu Fotofili, Ms 'Ilaisipa 'Alipate and Ms Elsie Fukofuka.

The Public Service Tribunal’s decision brought to the end a dispute that has been going on since July between the Prime Minister, Hon. ‘Akilisi Pohiva, as Minister for Foreign Affairs, the Secretary for Foreign Affairs, Va’inga Tone, and the appellants.

The dispute began on  26 July 2016 when Va’inga Tone, verbally informed the appellants of Hon. ‘Akilisi Pohiva’s decision for their permanent redeployment to other ministries, to be effective on 28 July.

The Acting Attorney General, ‘Aminiasi Kefu then advised the Secreatry to refrain from implementing  the decision, “until the Public Service Commission or a Cabinet approval is provided as per Public Service policy.”

On 28 July, there was also a Savingram from the Acting Chief Secretary and Secretary to Cabinet, informing the Secretary for Foreign Affairs of a direction from Lord Ma’afu, the Minister in Charge and the acting Minister for Foreign Affairs (while the PM was away overseas), “that the redeployment is to be put on hold, until the Hon. Prime Minister returns to Tonga from his official visit to New Zealand.”

Employment grievance

On 12 August the four appellants called on the Public Service Commission (PSC) to invoke the Employment Grievance Procedure against the direction of the Secretary for Foreign Affairs.

On 19 August the PSC put the redeployment on hold, before lifting the hold on 2 September and refering the redeployment back to the Secretary for Foreign Affairs to action.

On 5 September the appellants lodged their appeal to the Civil Servants Tribunal against the PSC decision.

The positions held by the appellants in the Ministry of Foreign Affairs at the time of the appeal were: Hon. Fane Tupouvava'u, Deputy Secretary (Chief of Protocol); HSH Princess Kalaniiuvalu Fotofili, Senior Assistant Secretary;  'Ilaisipa 'Alipate, Principal Assistant Secretary; and Elsie Fukofuka, Senior Assistant Secretary (Trade Desk Officer).

Cancelled redeployment

The Civil Servants Tribunal on 9 December declared that the proposed redeployment of the four senior staff of the Ministry of Foreign Affairs was cancelled.

It also reminded Chief Executive Officers that any redeployment of staff must be conducted according to the law.

The members of the Civil Servants Tribunal are: ‘Aisea H. Taumoepeau (chair), Lady ‘Eseta Fusitu’a, and Timote Katoanga, members.