Gideon Barereba v Margaret Elias, Secretary, Department of Industrial Relations, PS Tsiamalili, Secretary, Department of Personnel Management and The Independent State of Papua New Guinea (2002) N2197

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2002) N2197
• Date: 15 February 2002
• Year: 2002

Full Title: Gideon Barereba v Margaret Elias, Secretary, Department of Industrial Relations, PS Tsiamalili, Secretary, Department of Personnel Management and The Independent State of Papua New Guinea (2002) N2197

National Court: Sevua J

Judgment Delivered: 15 February 2002

1 Judicial Review—Dismissal from Public Service—Error of law and breach of natural justice—Judicial review lies.

2 Master and Servant—Wrongful dismissal whether remedy is reinstatement or damages—Measure of damages—Open ended contract—Plaintiff not entitled to damages over the period from dismissal to trial.

3 Damages—Discretion—Period of notice in Employment Act as guideline.

4 Dr Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122, Robinson v National Airlines Commission [1983] PNGLR 476, Christopher Appa v Peter Wama [1992] PNGLR 395, Rooney v Forest Industries Council [1990] PNGLR 407, Ramram v National Broadcasting Commission (1990) N1110 and Wata Potenge v Boski Tony and Others (Unreported and Unnumbered judgment of Los J dated 9 June 2000) referred to

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Sevua J: This is an application by the plaintiff seeking judicial review of the decision of the former Secretary for Labor and Employment, the predecessor of the first defendant, in terminating the plaintiff from the Public Service on 19 August 1987, a decision in which the first defendant and her immediate predecessor had refused to alter following recommendations from the Public Services Commission.

The plaintiff had been a public servant for twenty four years at the time of his dismissal. He joined the department of Labor and Employment on 3 March 1963 as a Temporary Officer and on 19 June 1964, was appointed a Permanent Officer of the Public Service serving in that Department. For ten years, he occupied the position of Provincial Labor Officer (Position No FS7). While serving in that capacity in Oro Province, he was seconded to the Ministry of Defence on 2 September 1986. The arrangement for the secondment was confirmed in writing to then Secretary for Labor and Employment, Dame Rose Kekedo on 15 July 1986.

Whilst the plaintiff was serving the Minister for Defence in the Ministry of Defence at Murray Barracks, he was charged with ten (10) disciplinary offences pursuant to s45 of the Public Services (Management) Act 1986. These charges were laid on 28 May 1987. Although there are suggestions that a Joe Giwar had served the charges on the plaintiff, he (plaintiff) maintained that he was not served therefore did not respond to them until his dismissal on 19 August 1987.

The plaintiff then appealed to the Public Services Commission on 1 September 1988. Following a preliminary review of the plaintiff's case, the Public Services Commission, through the second defendant, wrote to the first defendant recommending the plaintiff's reinstatement on the grounds that the charges were defective, and the disciplinary actions taken were invalid.

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