Nere Talin v PNG Waterboard

JurisdictionPapua New Guinea
Citation[1992] PNGLR 211
Date24 July 1992
CourtNational Court
Year1992

National Court: Woods J

Judgment Delivered: 24 July 1992

1 Judicial review—disciplinary measures in a government corporation—the nature of employment in a government corporation—Employment Act (Ch373)—no permanency of employment

2 Employment law—master and servant—employment of citizen—use of Public Services General Orders—duty to be fair and just—reviewable by the court

3 Rooney v Forest Industries Council [1990] PNGLR 407 referred to

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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...

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