Ex-NUS prof loses court bid to get job back
SINGAPORE — The High Court has lambasted former law professor Tey Tsun Hang and thrown his attempt to get a court order for the National University of Singapore (NUS) to rehire him.
In dismissing Mr Tey’s bid to bring judicial proceedings against NUS, Justice Quentin Loh criticised Mr Tey’s “unsatisfactory” and “cavalier” attitude, as well as the fact that he had wasted much of the court’s time and resources.
The former law professor’s bid came after he was cleared last year of corruptly receiving sex and gifts from a former student.
Mr Tey’s actions included a delay in bringing the proceedings, and improper emails to the Chief Justice and Attorney-General to try to get Justice Loh recused from the matter.
After his acquittal, Mr Tey applied for the court’s permission last June to pursue orders to quash his suspension from duty and subsequent dismissal from NUS. He also sought reinstatement to his post as associate professor in the law faculty.
In his judgment released yesterday, Justice Loh said the matter was not open to judicial review. This is because NUS’ power to suspend or dismiss him stemmed from their employment agreement and did not involve the exercise of any public law function.
Decisions affecting employment of public employees are generally not amenable to judicial review, the judge noted.
Even if NUS’ decision could come under judicial review, Mr Tey could not be said to have exhausted alternatives before making his application. Evidence was lacking to show he had told the university, which is represented by senior counsel Cavinder Bull, of his desire to get back his job, said Justice Loh.
“Furthermore, if he had felt that NUS had breached the employment agreement, he could have commenced an action in breach of contract. This he did not do,” the judge added.
Justice Loh also criticised Mr Tey’s attempt to get the judge recused from the case by writing emails to the Chief Justice and Attorney-General without the knowledge of his lawyer, M Ravi.
Mr Tey had alleged that Justice Loh had not issued “any official written judgment” on earlier criminal motions arising from his corruption trial.
But Justice Loh noted that judges are allowed to give oral reasons in open court.
“It is indeed sad that someone with Tey’s legal background should put forward grounds for a judge’s recusal which have no factual truth or legal basis.
“The least he could have done was to check his facts and the law before making these grave allegations,” he added.
Mr Tey, a former district judge, was suspended by NUS the day he was charged in July 2012, and dismissed in May 2013.
Although he won his appeal in February last year, the High Court found that he had breached the university’s policies and abused his position as a lecturer in exploiting a student.
