National University to pay former Deputy Vice Chancellor $170,000

By Lagi Keresoma

Apia, Samoa – 22 December 2023: The Supreme Court had awarded damages of $170,000 to the former Deputy Vice Chancellor of Corporate Services of the National University of Samoa.

Maugaoalii Ufagalilo Faamanu Diana Mualia was appointed as the university Deputy Vice Chancellor for Corporate Services (DVC-CS) in September 2018 after serving a 6 month probation period.
On 26th March 2018, she was officially confirmed as the new DVC-CS for a three year term.

On 8 April 2019, Maugaoalii was informed by the University Pro Chancellor, Aeau Christopher Hazelman that she was placed under special leave as per Council decision to carry out an independent investigation into various matters pertaining to the university.

She was told that her special leave was to ensure that the investigation is carried out independently, objectively and not compromised in any way and the duration of the leave depended on the length of the independent investigation.

In August 2019, the Council cancelled the DVC-CS which led to the removal of Maugaoalii on 29 August 2019.

The Council’s decision prompted legal action from Mauagaoalii on the basis of breaching a contract. She filed a claim with the court seeking payment of $179,338.23 owed to her contract.

She also sought compensation for damages of undue stress, anxiety, humiliation, loss of dignity and injury to feelings in the sum of $200,000.

Court’s ruling
“The Court finds in favour of the plaintiff on her claim for breach of contract, and she is entitled to a payment of $179,338.23 being payment of the remainder of her contract of employment, as particularised in para 25 of the Amended Statement of Claim.”

“The plaintiff seeks compensatory damages for undue stress, anxiety, humiliation, loss of dignity and injury to feelings. I consider the defendant acted poorly in its handling of the redundancy, but I do not think it appropriate to hold the defendant accountable for misguided actions at the time.

“Mr Hazelman’s expression of regret about the disestablishment of the DVC-CS position must go a significant way to ameliorating the distress that Ms Mualia felt at the time.

“Ms Mulia’s position has been vindicated by the terms of this judgment. Compensatory damages in these circumstances would amount to the court making an award for punitive damages, and there are no grounds for making such an award.”

The parties are directed to try to resolve costs, and if not then they are to provide submissions by 23 February 2024.