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
• Court: National Court
• Citation: [1992] PNGLR 395
• Date: 24 July 1992
• Year: 1992

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

1 Employment law—judicial review—dismissal from public service—nature of employment in the public service—Employment Act (Ch373)—no life tenure in public service—no reinstatement

2 Employment law—master and servant—wrongful dismissal—measurement of damages

3 Damages—contract of employment—breach—assessment

4 Practice and procedure—action against the State as employer—joinder of Departmental Head

5 Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122, Robinson v National Airlines Commission [1983] PNGLR 476 and Rooney v Forest Industries Council [1990] PNGLR 407 referred to

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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 of Health attached to the pathology services section at the Mount Hagen General Hospital. The applicant is aged about 49 years and had been employed by the State since 1966. At the time of his dismissal, he was the officer in charge of the pathology section.

The applicant states that on...