Nere Talin v PNG Waterboard

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 24 July 1992
• Citation: [1992] PNGLR 211
• Court: National Court
• Year: 1992
• Judgement Number: N1082

National Court: Woods J

Judgment Delivered: 24 July 1992

N1082

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

NERE TALIN

V

PNG WATERBOARD

Mount Hagen

Woods J

23 June 1992

24 July 1992

JUDICIAL REVIEW — Disciplinary measures in a government corporation — Nature of employment in a government corporation — Employment Act Ch 373 — No permanancy of employment.

MASTER AND SERVANT — Employment of citizen — Use of Public Service General Orders — Duty to be fair and just — Reviewable by the Court.

Facts

This was an application to the National Court for review of the decision of the General Manager of the National Water Supply and Sewerage Board whereby the applicant was demoted with consequential loss of salary and entitlements and was also ordered to pay compensation for damage done to the Board's vehicle. The applicant is seeking reinstatement and reimbursement of salary and repayment of the money paid for the damages.

Held

1. The Court has power to review the fairness and the justness of the exercise of those powers by the Board in respect of matters covered under the Public Service General Orders.

2. The penalty of K850 imposed on the plaintiff for the damage caused to the vehicle and paid by plaintiff by way of salary deductions is to be reimbursed to the plaintiff.

3. All other disciplinary measures taken by the Board are sustained.

Cases Cited

Rooney v Forest Industry Council [1990] PNGLR 407.

Counsel

J Pakau, for the plaintiff.

24 July 1992

WOODS J: The applicant, Nere Talin, is seeking a review of the decision of the General Manager of the National Water Supply and Sewerage Board (hereafter "the Board") whereby the applicant was demoted within the service of the Board and thereby suffered a loss of salary and loss of entitlements and further was ordered to pay compensation to the Board following damage to a vehicle owned by the Board. The applicant is seeking reinstatement and reimbursement of salary and repayment of the money paid for the damages.

The facts are that in December 1989 he was charged for two disciplinary offences. One charge related to a motor vehicle accident on 10 November 1989, when the applicant was driving a vehicle owned by the Board and was involved in a collision with a PMV on the Okuk Highway near Kimininga. It was alleged that he had been drinking beer before the incident.

The second charge relates to the applicant obtaining the pay packets of 2 fellow employees and using the money for himself.

Notice of the 2 charges was served on the applicant on 4 December 1989 in accordance with procedures under the Public Service (Management) Act, being procedures adopted by the Board in connection with disciplinary offences within the service of the Board.

The applicant replied to the charges. In February 1990, the head of the Board advised the applicant, following consideration of the charges, that he was to be demoted and was required to reimburse the cost of damage to the vehicle involved in the accident.

The applicant in March 1990, by letter to the general manager, sought a review of the punishment. This application for review became a review by the Public Services Commission. In March 1991 the Public Services Commission advised that, following its review of the matter between the applicant...