Outcome OMB found that EPC did administer procedural fairness during its investigation i.e. Mr A was given the opportunity to respond to EPC findings, where he admitted to and deeply regretted his negligence. OMB did comment though on Mr A’s years of service, whether EPC would consider revisiting this area. EPC’s administrative decision to terminate the employment of Mr A was not unreasonable. Samoa Tourism Authority (STA) Unfair Treatment/Unreasonable Termination Background Mr B claimed that STA had treated him unfairly during the course of the matter i.e. lack of procedural fairness, which culminated in the termination of his employment that was also unreasonable. A notice of intention to investigate the complaint was forwarded to STA. Examination OMB received and examined the relevant information on the complaint from STA. It was realised that Mr B was terminated from STA for misconduct under the Public Service Act 2004. A comprehensive report of an investigation by the Ministry of Public Enterprises (MPE) to verify accusations of unfair treatment by STA management of Mr B’s termination was also perused. Outcome OMB found that STA did administer procedural fairness and Mr B was given the opportunity to respond, which he did. Given that STA is not subject to PSC, the legal authority cited by STA to terminate Mr B was incorrect. The legitimate application was clear in STA’s Policies & Procedures Manual. The MPE Report also agreed with STA’s decision to terminate Mr B but then appropriately highlighted areas in STA’s policies and procedures that should be revisited. STA’s administrative decision to terminate the employment of Mr B for insubordination and harassment was not unreasonable. Samoa Life Assurance Corporation (SLAC) Unreasonable Delay/action Background Ms C complained to OMB via email alleging unfair treatment and unreasonable delay against SLAC. According to Ms C, there were inconsistencies in her Mortgage Loan Balance Statement that SLAC had failed to address after initial correspondences. A notice of intention to investigate was sent to SLAC requesting their account of the matter and the disclosure of all relevant information for perusal. Examination During the assessment of the requested information and the subsequent engagements with the responsible SLAC officers, it was found that the parties had not actually met to discuss Ms C’s concerns. OMB then suggested that SLAC contact Ms C to continue dialogue for a mutual resolution. Outcome Office of the Ombusman/NHRI Samoa Annual Report 2019/20 15