Public Report on the Improper hiring of Leonard Kalo and Mr. Louis Urleles as Dental Officers - August 18, 1998 - Emalus Campus
Section 5 of the Health Practitioners Act provides that dentists require a diploma from a recognized university in order to register in Vanuatu. The Act makes it an offence to practice dentistry without being registered. The Public Service Act and rules made pursuant to it provide procedures to be followed when hiring a person to work within the Public Service.
Leonard Kalo, a qualified nurse, did not at any relevant time have dental qualifications and had not been registered as a dental practitioner pursuant to the Health Practitioners Act. Louis Urleles, a qualified mechanic did not at any relevant time have any dental qualifications and was not registered as a dental practitioner pursuant to the Health Practitioners Act. He at no time submitted a written application for a position in dentistry.
On January 31, 1995, Leonard Kalo was appointed as a dental officer by the Public Service Commission. On March 18, 1996, Louis Urleles was appointed as a dental officer on a daily rated basis. The Director of Health Mr. Niomenmel did not follow recognized procedures with respect Mr. Kalo’s hiring. In particular, Mr. Kalo’s position was not advertised and qualified candidates had no opportunity to apply. Mr. Urleles appointment was terminated in 1997 and Mr. Kalo’s appointment was terminated in 1998.
The Ombudsman found that the Public Service Commission had acted unreasonably and improperly in appointing Mr. Kalo to a permanent position. Mr. Niowenmel, the Director of Health and Mr. Lesines,, Acting Director of the Public Service Department were also found to have acted improperly and in breach of the Leadership Code.
· That Mr. Niowenmal and Mr. Lesines not be appointed again to any position of responsibility in the public sector.
· That nurses stop performing dental duties.
· That more ni-Vanuatu students train in dentistry.
Written by Edward R. Hill
UNDP Governance and Accountability Project
© Ombudsman of Vanuatu
Published here by University of the South Pacific, School of Law Web Site - www.vanuatu.usp.ac.fj