FNUGATE, 'SACK SARITA'. The FNU Council acted on the legal opinion of FNU's lawyers HANIFF TUITOGA after Acting Vice Chancellor (UNAISI Nabobo-Baba) claimed she was under pressure to renew Devi's Contract

The FNU Council chair Dr Kesaia Seniloli and other Council members only decided to terminate Sarita Devi's contract on the legal advice of Feizal Haniff of Haniff Tuitoga. Bizarrely, Education Minister Aseri Radrodro re-instated Devi, and sacked those perceived to be behind Devi's removal as FNU Registrar.

SACK SARITA: How FNU Council decided to terminate Devi's Contract

​Sent: Wednesday, ​April 26, 2023 8:09 PMTo: Feizal Haniff | PLN <feizal.haniff@hanifftuitoga.com.fj>
Subject: Legal opinion_Ms Devi

Dear Mr Haniff
As discussed in our meeting today, you are requested to provide a legal opinion on Ms Sarita Devi's employment subject to clause 9.2 of her contract.
Appreciate if the opinion is provided by tomorrow afternoon and a letter drafted for review by the Council members.
Please let me know if you need any further information.
Regards

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FEIZAL HANIFF drafted the following letter for Dr Kesaia Seniloli to sign, ending Sarita Devi's contract.

27 April 2023
 
Ms Sarita Devi
P O Box 4295
Samabula
Fiji
 
Dear Ms Devi
 
Notice of Termination of Contract for Employment – Without Cause
 
We refer to the contract of employment dated 31 March 2023 (“the Contract”) signed between Fiji National University (“FNU”) and you, Ms Sarita Devi.
 
Clause 9.2 of the Contract says as follows:
 
[9.2]     The Employer may also terminate this contract without cause by giving not less than six (6) months written notice of the Employer from the date of the Employer intends to terminate the contract or by making payment of six (6) months basic salary to the Employee in lieu of the notice
 
We notify you that pursuant to Clause 9.2 of the Contract, FNU is terminating the Contract without cause. FNU will pay you the six months’ basic salary in lieu of the six months’ notice.
 
Your last day of employment with FNU will be Friday, 28 April 2023.
 
Your six months’ basic salary in lieu of the notice will be paid to you in the next payroll run of the FNU.               
 
You are required to hand over all keys and other properties of FNU to FNU’s representative(s) and take with you only your personal belongings. Please can we discuss when the handing over will be convenient for you.
 
Please acknowledge receipt of this letter by signing and returning one copy of this letter to FNU.
 
 Your faithfully
………………………
Adi Kesaia Seiniloli (Dr)
Chancellor/Chair of Council
 
cc:       University Secretary
            Director Human Resources    
​

FNU Council Appointments and Timeline to Sackings
*The Human Resources Committee (HRC) met in a Special Meeting called by the Chair of the Committee to discuss a new Contract issued to the Registrar of the Fiji National University, Ms Sarita Harish aka Sarita Devi, and signed by the Acting Vice Chancellor, effective 1st April 2023, following the expiry of her three-month contract which expired on 31st March 2023.

​The HRC unanimously found the following:

The Acting Vice Chancellor erroneously and improperly renewed the Contract for three years following external representations made to her on the Registrar’s behalf to renew her contract.
2. The external interventions were inappropriate interventions for the proper functioning of the Fiji National University.
3. In making her decision, a. the Acting Vice Chancellor failed to take into account relevant considerations from the most recent 2022 Audit Reports regarding findings of underperformance by the Registrar in relation to her duties;
b. the Acting Vice Chancellor failed to take into account relevant considerations regarding serious allegations of inappropriate, improper, unacceptable and egregious behaviour, described by the victims as serious “bullying” on the part of the Registrar, reported and provided to the Office of a former Director of Human Resources and to a former Acting Vice Chancellor in the period April to August 2022;
c. the Acting Vice Chancellor failed to take proper account of reports and responses made by the former Director of Human Resources and the former Acting Vice Chancellor, following investigations taken by them in August 2022; and
d. the Acting Vice Chancellor failed to take into account the continuing grievance and the alleged lack of morale of staff who were the alleged victims of alleged offences and omissions of the Registrar and who continue to work in the Office of the Registrar, and those who have resigned from their employment citing in writing that their reason for their resignation was the “bullying”.
4. The Acting Vice Chancellor failed to bring to the attention of the Fiji National University Council in a timely manner the inappropriate representations and pressure put on her to renew the Contract of the Registrar, and failed to seek the Council’s guidance and advice on the matter.​