The PSA commended the efforts by the Hon. Prime Minister to resolve these issues at the Cabinet level and not in Court.
PSA cancelled taking Government to Court for a judicial review after Cabinet agreed to amend their decision on the 13th April approving the 2nd Report of the Remuneration Authority.
Cabinet approved on the 28th April 2016 to amend their decision to allow consultations on the RA Report to be held by PSC & RA.
In the effort to ensure that Cabinet’s work is inline with the laws of Tonga and minimal disruption to the Public Service and the country, the Hon. Prime Minister requested the PSA to make a presentation to his Cabinet on Tuesday 26th April on why their decision on the 13th April 2016 approving the 2nd report of the Remuneration Authority was alleged to be unlawful.
The Secretary General of PSA with Members of the PSA Executive Board (representatives from 8 Ministries) highlighted to Cabinet why their decision was unlawful, as follows:
1. In approving the report containing the new salary structures of public servants without consulting them breached the law of Natural Justice and the Public Service Amendment Act & Regulations 2010;
2. The Cabinet in 2005 agreed with the Interim Committee of the public servants who were on strike that the new salary structures that had caused the strike will be implemented in 2007 after all the anomalies are resolved. The PSA on behalf of the Interim Committee has been following up the review of the new salary structures to ensure that the anomalies are resolved. In approving the report without consulting PSA also breached the law of Natural Justice and the Memorandum of Understanding (MOU) signed;
3. In approving for the “appeals” of public servants on the report to be made to the Public Service Commission (PSC) breached the Public Service Amendment Act & its Regulations 2010 as all “appeals” of public servants are made to the Public Service Tribunal and not the PSC.
4. If Cabinet argued that the review exercise is ongoing, then the report should have been approved in principle and a “consultative process” be implemented and the final report be submitted again to Cabinet for final endorsement.
Cabinet issued today Friday 29th April 2016 their amended decision directing the PSC and RA to conduct the consultations with all the Ministries and Agencies in Government including PSA.
Cabinet also approved that the new salary structures have to be implemented together with the Performance Management System to evaluate the performance of the employees in Government annually.
The PSA commended the efforts by the Hon. Prime Minister to resolve these issues at the Cabinet level and not in Court or a petition to the King but most of all, ensuring that their decisions are in accordance with the laws of Tonga.
For further information, please do not hesitate to contact the Secretary General of PSA.