Deputy Director of Public Prosecutions, Elizabeth Rice has been terminated under clause 9(a) of her contract.
Her contract was terminated last Friday.
The Office of the Director of Public Prosecutions (ODPP) in a statement said that last December, they conducted a full audit of all case files handled by the prosecutors at the Suva and Western DPP offices, and based on the audit it was determined that the work of the deputy DPP was far minimal than local prosecutors’ work load, despite the disparity in the salary scale.
Acting DPP John Rabuku said it was decided that Rice’s share of minimal work in the office could easily be absorbed by local prosecutors.
Rabuku said he held two meetings with the deputy DPP and indicated to her his decision to terminate her contract within a month’s notice under clause 9(a) of her contract.
He said Rice was aware that the termination of her contract is according to the terms she signed on, and it is to allow local prosecutors to move up to the deputy DPP’s position.
“She has not displayed any specialised prosecutorial skill that warrants any further need for her in the ODPP here in Fiji.”
Rabuku said the ODPP had offered to take Rice on a consultancy basis from time to time on any specialised prosecutorial field training including the restructure of the ODPP into what can become the National Prosecution Service, which she has had experience in.
Rabuku said he provided the deputy DPP an opportunity to resign with immediate effect and offered the necessary payments to be made out to her, including repatriation back to New Zealand or the United Kingdom.
“Last Friday, Rice emailed me that she is not resigning, and is being forced to resign and therefore that amounts to constructive dismissal.”
“All our negotiations therefore fell through, including my offer to her for consultancy work. I therefore terminated her contract under clause 9(a) of her contract, via another email last Friday, at 3:45pm, allowing her a one month’s salary in lieu of notice,” Rabuku said.
