A former executive from the University of the South Pacific (USP), Hasmukh Lal, has lost his appeal in the High Court regarding a case tied to the disclosure of a confidential report implicating him and others in misconduct allegations. Justice Penijamini Lomaloma dismissed Mr. Lal’s appeal, stating that he had “no cause of action” since the university, as an institution, cannot act independently apart from its employees or agents.
Mr. Lal, previously the CEO of South Pacific Technical and Further Education (TAFE), alleged that his reputation was damaged when parts of a forensic report, detailing these allegations, were presented in Nauru’s Parliament by the President of Nauru, who is also the Chancellor of USP, in 2021. He sought a court declaration that USP violated its code of conduct and demanded damages along with legal costs.
However, the court determined that no employee or authorized representative of USP was accountable for the breach of confidentiality linked to the report, which had been expressly protected by the university council. As a result, Mr. Lal’s appeal was dismissed, and he was ordered to pay costs amounting to $1,000.
This ruling aligns with ongoing governance issues at the university, which has seen unrest among faculty and staff as they call for reforms amidst leadership challenges under Vice Chancellor Professor Pal Ahluwalia. Stakeholders are working towards fostering open dialogue to restore trust and improve the university’s governance and overall educational experience. The recent developments underscore the importance of accountability and transparency within academic institutions and reflect a commitment to uphold the principles of good governance amid ongoing disputes.
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