Liu’s sacking to be reviewed

FORMER National Development Bank (NBD) managing director Moses Liu has been granted leave by the National Court to review the decision of his termination.
The National Executive Council (NEC) on Oct 28 (last year) approved to terminate his appointment and subsequently appointed Aaron Underdown as the acting managing director.
Liu was contracted from Aug 19, 2014, to Aug 19, 2018.
As a result of a decision by NEC not to appoint a person as new managing director, he continued to serve by permission of a clause in his contract of employment.
“Even here, it is not set out clearly as to what basis in that contract (of employment) he (Liu) did breach warranting that he be terminated,” Justice Nicholas Miviri, who allowed the judicial review, said.
“He, given his continued work after his term lapsed, had a right to be accorded natural justice to be informed as to what he was considered against to be terminated.
“It is a prima facie, a basis for leave to grant to examine in a judicial review.” Justice Miviri said it was clear for Liu to remain in the chair until NEC appointed a new managing director as in this case.
He said there was no position of an acting managing director either by contract employing him or under the NDB Act 2007 or Kumul Consolidated Holdings Act 2002, which governed Liu’s settings.
“There is an arguable case posed of the termination and now the appointment of Underdown as acting managing director,” he said.
“A managing director is yet to be appointed, which is not the same as an acting managing director, which is not catered by the Governing legislation.”
The court further ordered Liu to file and serve the substantive notice of motion by March 5 and the matter will return on March 8 for mention.