Christopher Appa v Peter Wama, Secretary, Department of Western Highlands and The Independent State of Papua New Guinea [1992] PNGLR 395

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 24 July 1992
• Court: National Court
• Citation: [1992] PNGLR 395
• Year: 1992
• Judgement Number: N1083

Full Title: Christopher Appa v Peter Wama, Secretary, Department of Western Highlands and The Independent State of Papua New Guinea [1992] PNGLR 395

National Court: Woods J

Judgment Delivered: 24 July 1992

N1083

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

CHRISTOPHER APPA

V

PETER WAMA, SECRETARY, DEPARTMENT OF WESTERN HIGHLANDS AND THE STATE

Mount Hagen

Woods J

24 June 1992

24 July 1992

JUDICIAL REVIEW — Dismissal from public service — Nature of employment in the public service — No life tenure in public service — Employment Act applied — No reinstatement — Damages for wrongful dismissal.

MASTER AND SERVANT — Wrongful dismissal — Measurement of damages.

DAMAGES — Contract of employment — Breach of — Assessment of.

PRACTICE AND PROCEDURE — Action against the state as employer- Joinder of departmental head.

Facts

The applicant sought a review of the decision of the first defendant, Secretary of the Department of Western Highlands, to suspend and then dismiss him from the public service. The application was the officer in charge of the pathological section of the Mount Hagen Hospital and was employed by the state since 1966. He was first served with a notice of charge which was unclear as to the charge, and was suspended from duty. He replied to the notice. Four months after, he was served with a notice of dismissal on the ground that he had been convicted of a criminal offence. The judge found that he had a power to interfere because the procedure to terminate the applicant's employment was irregular and, therefore, wrongful, and the departmental head had committed a breach of natural justice. However, in response to the claim for re-instatement, the learned judge made the following decision.

Held

1. It is a general rule that the employee wrongfully dismissed can recover damage, for pecuniary loss resulting from wrongful termination to the equivalent of the appropriate notice.

2. In the usual case, damages will be equivalent to wages for the period of proper notice. Rarely could an employee claim for other damages.

3. It is only where there is a breach of a fixed-term contract, which is not subject to determination by notice, that damages will be awarded for the equivalent of the salary over the entire period of the contract. Rooney v Forest Industries Council [1990] PNGLR 407.

Cases Cited

Kekedo v Burns Philp (PNG) Ltd [1988-89] PNGLR 122.

Robinson v National Airlines Commission [1983] PNGLR 476.

Rooney v Forest Industries Council [1990] PNGLR 407.

Counsel

S Norum, for the plaintiff.

24 July 1992

WOODS J: The applicant is seeking a review of the decision of the first respondent as Secretary of the Department of Western Highlands (hereafter Secretary) to suspend and then dismiss the applicant from the public service on 31 May 1991.

Unfortunately, the State has not appeared in this review to assist the court to understand various aspects of employment within the public service.

The applicant was a scientific officer employed by the State in the Department...