Ombudsman Recommends the Ministry of Education to Ensure Retired Teachers Receive Their Retirements Letters Before Retirement Date Lapses.
Today 19th May 2020, the Ombudsman of the Republic of Vanuatu Release a public report which finds that the process in which the Ministry of Education took to inform retiree, Mrs. Linda George, of her retirement is not in accordance with the Law.
Ministry of Education Head Office - A copy of the report can be collected at the Ombudsman Office or on the Ombudsman Office Official website. https://ombudsman.gov.vu/
Mrs Lina George commenced her employment as the Pre- School Coordinator for Malampa Province on 8th of February 2006. Until the date of her retirement she had been employed for a total of approximately 8 years.
In a Letter dated 18th of March 2014, the Public Service Commission Secretary advised Mrs. George that the Commission at its meeting No.05/2014 of 14 March 2014 approved her retirement with effect from 13 June 2014.
Her severance payment was calculated to the amount of 1,519,556 (severance VT 1,487,400 & Annual leave VT42,156).
Mrs. George however continued to work for approximately 12 months thereafter. This is due to the fact that she did not receive her retirement letter in time and there was no one available to replace her.
The Ombudsman finds that the deduction from her severance allowance totaling VT1,039,370 to the pay period she worked is unlawful. The deduction is contrary to section 17 of the Employment Act [CAP.160]. She had lawfully earned the severance allowances. The 12 months for which she continued to receive her salary was for official work actually performed beyond her retirement age.
The Ombudsman recommends that:
- The Ministry of Education ensures that future retirees receive their retirement letter before retirement date is to lapse. There must also be clear instructions attached with the retirement letter to stop retirees from continuing their duties after retirement date lapses.
- That for future retirees, the Ministry of Education advises the Department of Finance(payroll section) in due time with a copy of their retirement letter and an instruction to cease their salaries before the retirement date lapses.
- The Department of Education liases with Mrs George to refund all outstanding severance allowances that have been deducted unlawfully. If such attempts are not made, then Mrs George may be at the livery to seek legal advice for further actions.