Paschal W Feria v Ben Lange, Hrd Adviser, Madang Province and Robert Yass, Acting Administrator, Madang Province and Secretary, Department of Personnel Management and The Independent State of Papua New Guinea (2009) N3574

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 27 January 2009
• Citation: (2009) N3574
• Docket Number: WS NO 1377 OF 2005
• Year: 2009

Full Title: WS NO 1377 OF 2005; Paschal W Feria v Ben Lange, Hrd Adviser, Madang Province and Robert Yass, Acting Administrator, Madang Province and Secretary, Department of Personnel Management and The Independent State of Papua New Guinea (2009) N3574

National Court: Cannings J

Judgment Delivered: 27 January 2009

JUDGMENT

ENTITLEMENTS ON COMPLETION OF PUBLIC EMPLOYMENT – damages – breach of separation procedures – Public Service General Orders.

A public servant reached the age of retirement but his employing department breached the procedures under the Public Service General Orders by failing to give him proper notice of his retirement. He kept working for more than a year beyond the age of retirement before being taken off the payroll. He was offered a retirement package but the calculation was not explained to him and he claimed that he was underpaid. He commenced court proceedings and obtained a summary judgment against the defendants. This is the trial on assessment of his entitlements and damages.

Held:

(1) The plaintiff claimed 11 categories of unpaid entitlements or damages. He was awarded a total sum of K112,455.08.

(2) In addition, interest of K35,985.63 is payable, making the total judgment K148,440.71.

Cases cited

The following cases are cited in the judgment:

Albert Areng v Gregory Babia (2008) N3469

Cheong Supermarket Pty Ltd v Pery Muro [1987] PNGLR 24

Abbreviations

The following abbreviations appear in the judgment:

HRD – human resource development

J – Justice

K – Kina

Ltd – Limited

MILOF – money in lieu of furlough

MILOL – money in lieu of leave

MILON – money in lieu of notice

N – National Court judgment

No – number

PNGLR – Papua New Guinea Law Reports

Pty – Proprietary

v – versus

WS – Writ of Summons

TRIAL

This is a trial on assessment of unpaid entitlements and damages.

1. CANNINGS J: The plaintiff, Mr Paschal William Feria, was a long-serving public servant. For almost 40 years he worked for the Department of Agriculture or its affiliates, the last 30 years in Madang Province. He reached the age of retirement of 60 years in August 2003. But no action was taken by his employing department to ask or force him to retire. He continued to work until he was removed from the payroll in January 2005.

2. The Public Service General Orders contain detailed procedures about what should happen when a public servant reaches the age of retirement. Mr Feria claims that these procedures were breached in his case. He was eventually offered a retirement package but the sum offered to him was well below what he was expecting. The calculation was not explained to him and he claimed that he was underpaid. He commenced court proceedings and in November 2006 obtained a summary judgment against the defendants. The judgment determined the issue of liability, ie it established that the defendants are liable to Mr Feria for unpaid entitlements and damages. A trial has been held to assess the actual amounts payable.

3. Mr Feria is claiming 11 categories of payments, totalling approximately K500,000.00.

4. I am not satisfied that the first three defendants have been given proper notice of these proceedings. So I will only assess damages against the fourth defendant, the State.

1 MONEY IN LIEU OF NOTICE

5. Mr Feria claims that because he was not given a proper retirement notice, he should be paid three months money in lieu of notice, of K6,179.87.

6. I reject this claim. Though proper procedures were not followed, it should have been obvious to him that he had to retire when he turned 60.

2 MONEY IN LIEU...