USP legal opinion advises against paying Ahluwalia
March 2, 2021 12:35 pm
The University of the South Pacific could find itself on the wrong side of the law if it continues to pay deported Vice-Chancellor Professor Pal Ahluwalia.
This was highlighted in a legal opinion to the Secretary to the USP Council last month, from Munro Leys Lawyer Jon Apted.
FBC News has sighted the document which states that under the Immigration Act, Professor Ahluwalia was not entitled to prior notice of any breach of his permit or a hearing before the Ministerial decision and the decision is not appealable and cannot be challenged in any court.
It was also pointed out in the letter that under clause 24(b) of the former Vice-chancellors contract, Professor Ahluwalia’s contract was to terminate automatically, without any action by the Council, if his work permit were to be cancelled.
The legal opinion says if Professor Ahluwalia’s contract has been terminated, he no longer holds office as the Vice-Chancellor and that under the Statutes, his tenure was contractual and his first five-year appointment ended when his contract was terminated.
FBC News has tried to contact the Secretary to the Council Siona Koti however, she is still in a meeting.