Posted By Staff Reporter
I Kevin Pyakali a recently retrenched Senior Investigator of the Ombudsman Commission (OC) of Papua New Guinea attached with Commission’s Momase Regional Office in Lae would like to sincerely expose that the Chief Ombudsman Mr Richard Pagen’s actions or decision to retrench me defeats the very purpose of the establishment of the country’s premier watchdog. OC was established by the Constitution of the country to ensure that the systems and processes of our government are followed or basically to promote good governance and quality leadership in PNG but Mr Pagen’s decision to remove me via retrenchment without a reasonable administrative or legal ground by bypassing procedures laid out in the Public Service Management Act, Public Service General Orders, and even OC’s own HR Manuel 2018 or Terms and Conditions of Employment absolutely contradicts the purpose of the position he occupies and ultimately the Commission. Hence, I rightfully declare that Mr Pagen is a wrong man heading the country’s top watchdog. I use my own fb account to expose this without hesitation or a second thought because my claim is truth based on facts and documentations on hand plus what transpired in my case which is provided in detail below. As such, I’m set to defend myself against any repercussion that may arise as a result of this post. As per the Commission’s retrenchment notice (one week notice) to me dated 24th June 2021 they claimed non-performance as the only reason for my removal. Pursuant to the Commission’s own HR Manuel 2018 or Terms and Conditions of Employment and the Public Service General Order which officially recognises the Staff Performance Appraisal (SPA) system to assess and determine staff performances which is also a best standard practising system commonly practised elsewhere to determine employee performances, I have got better performance ratings for my last three (3) consecutive years (2018-2020) with the Commission. Thus, I don’t understand where the non-performance thing is coming from?
If I had issue with my performances as claimed then I didn’t even receive a formal written warning from the Commission and allowed reasonable period of time for improvement under a Clause of my Contract of Employment. This alone proves that his claim of non-performance has no substance and is absolutely false. It’s also absolutely weird and funny at the same time for me to be put on retrenchment. There’s no legal or administrative grounds, or rationale to qualify me for retrenchment. I am still in my young age (35 years old now) and my position or division hasn’t been abolished. Commission has cited Division 5.4.5 (b) of the Commission’s HR Manuel 2018 which is also stipulated under Public Service General Order 16.8 (b) which states that “administrative re-arrangements including re-organisation or rationalisation of the Service to improve operating efficiency and productivity” as their reason to retrench me but this absolutely should not affect me because if we look at it carefully its prominence is “efficiency and productivity” where my SPA ratings for last three (3) consecutive years warrant renewal of my contract and not dismissal as far as the efficiency & productivity is concerned for the Commission. Furthermore, very short retrenchment notice (one week notice) served on Monday dated 28th June 2021 for me to be finished on the Friday dated 02nd July 2021 without sufficient explanations or prior notices breached the Public Service General Order 16 and Division 5.4.8 (a) of the Commission’s HR Manuel 2018 which require more than two (2) months’ notice. Having stated the above, I disclose at the outset that my removal is obviously the feedback I received or price I paid for my boldness and courage in standing up for what is right at couple of instances. I didn’t personally attacked someone but I had challenged the Commission’s top-leadership to consider the essence of the institution simply because most of Chief Ombudsman’s approaches and style of leadership were absolutely unhealthy for the Commission and ultimately the country. As a result, staff morale had been very low since Mr Pagen took office as CO. This is very true so ask your friends or relatives who may work with the Commission to confirm this. As former officer of the Commission, I know what I’m saying and I also believe it has become a public knowledge too. Since, I’m protected by the Oath of Secrecy (OoS) I signed with the Commission, I can’t disclose the details of those things which the entire staff of the Commission are also aware of these terrible happenings but they couldn’t do anything obviously to protect their bread and butter in these tough economic times and the OoS. However, my sacking alone without observing or following the due processes and procedures reflects the horrible leadership of the Commission. The very moment I stood up, I knew it comes with a price and I accept and embrace the situation me and my family are facing in these tough times simply because not everyone finds satisfaction in the fortnights, career, fame, etc. Some of us finds our utmost satisfaction in standing up for what is right for the common good and execute God’s conviction in our lives without fear or favour. Nevertheless, I’m set to exhaust all available avenues to seek justice/redress simply to prove to him and his cohorts that what they did was wrong so that such abuse of official authority for personal gain are not repeated in this very institution established to fight such corrupt conducts. I did not sign my Deed of Release (DoR) because it was cunningly drafted to prevent me from seeking redress. Due to my stand in not signing the DoR the leadership decided not to pay my final salary and other entitlements, and forced me out of the Commission’s rented accommodation; I did not breach a Code of Conduct or committed a crime to deserve such treatment by my employer. OC supposed to lead the way by practising what it preaches as far as fighting corruption is concerned but totally opposite things are happening which also sadly reflects the extent of corruption that is eating into the fabrics of our systems and processes of government. I’ve decided to come out and expose what’s going on in the Commission under Mr Pagen’s leadership because it’s a public institution funded by the tax payer’s money and not a private entity. Hence, general public need to know the current state of the Commission which is considered as last line of defence and beacon of hope for the country. I’m simply doing my part to expose corruption because corruption thrives when not reported or exposed. As a patriotic person who hates corruption, I simply do my part without fear or favour. More than twenty very experienced Commission officers where majority of them who stand for what is right and good governance were also removed similarly under a pretext of new structure implementation which they raised concerns with our Prime Minister Hon. James Marape’s office since the PM is directly responsible in his capacity as the Chairman of the Ombudsman Appointment Committee (OAC) but sadly nil actions or responses thus far which is absolutely disheartening and I begin to wonder why PM and other members of the OAC are turning the blind eye when it’s supposed to be their priority given that OC has got important mandate. Swift intervention by the Prime Minister, Opposition Leader, Chief Justice and other OAC committee members is necessary to safeguard the integrity, independence and importantly the essence of this noble institution since its mandate is much bigger than our individual interests. First and foremost, OC badly require a third Ombudsman for a fair and balanced decisions for both administrative and national matters; currently we have only two and apparently every decision would be in favour of the Chief Ombudsman pursuant to Section 14 (5) of the Organic Law on the Ombudsman Commission (OLOC). With this, I know that we as ordinary citizens, we can’t do anything but I urge all to stand with me and share this as much as possible. I also wish for this to be reported in the mainstream media such as Post-Courier, National Newspaper, loop PNG and Sunday Chronicle since my intention of this post is to expose the individual that’s allowing the corruption to permeate the country’s premier watchdog and putting its integrity into question. If anyone of you is close to people in the authority especially OAC members then do the honourable thing to bring this matter to their attention or even the MPs so that they raise this matter in the Parliament in their next sitting because this is absolutely a pressing national matter. Fighting corruption and standing up for what is right is everyone’s humanitarian duty for the common good; I post this not with an ulterior motive but with a sincere heart in the best interest of the Commission and ultimately the country because corruption thrives when not reported or exposed. We cannot allow or give way for a single person or minority to destroy government institutions since the State institutions’ mandate are much bigger than our individual agendas where these are the very institutions that will continue serving the country and our future generations while we are all gone someday. As such, we are required to protect these public intuitions, identify their loopholes and explore ways to improve them instead of using our positions as a bargaining power for our own personal enrichment. Next: PNG Agriculture And Livestock Secretary Kombuk Accused Of Corruption Comments are closed.
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