The story and the lesson to
be learned from the case is that all Vanuatu companies, and overseas companies which operate here, including those owned by the government must comply with the laws of Vanuatu, the Vanuatu Chamber of Commerce (VCCI) has stated.
“There are well established procedures for terminating employees and board members, but the relevant legal provisions in the Companies Act [CAP 191], the Articles of Association and the Employment Act [CAP 160] must be complied with.
“Airports Vanuatu Limited can terminate employees after giving proper notice, or payment in lieu of notice. Directors can be removed by shareholders (in this case the Vanuatu government) so long as they do so in accordance with the Articles of Association of the Company.
“Failure to comply with the law can, and in this case did, cause the illegal actions to be set aside and terminated employees and board members to be re-instated.
“This is a further restraint at law and that is any action must be taken without ulterior motives nor made in bad faith. This additional requirement was breached in respect of two of the Board members and one Employee. Terminations for political reasons are not acceptable nor are terminations to “get even” or to punish a person over a non employment matter.
“The judgment is to be lauded as it reinforces “best practice” and allows employees and board members to do their best and to speak their mind without fear of reprisals. If anyone is not competently doing his/her job, there are strict procedures which can be followed.
“The Vanuatu Chamber of Commerce and Industry (VCCI) wishes Airports Vanuatu Limited speedy success in carrying out its mandate.”