Monica Angogi v Fred Yadiwilo

• Jurisdiction: Papua New Guinea
• Citation: (2014) N5605
• Date: 16 May 2014
• Court: National Court
• Year: 2014

Full : WS No 1124 of 2010; Monica Angogi v Fred Yadiwilo and Chemica Limited (2014) N5605

National Court: Cannings J

Judgment Delivered: 16 May 2014

N5605

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

WS NO 1124 OF 2010

MONICA ANGOGI

Plaintiff

V

FRED YADIWILO

First Defendant

CHEMICA LIMITED

Second Defendant

Madang: Cannings J

2013: 13 December,

2014: 4 April, 16 May

DAMAGES – breach of contract – wrongful dismissal – whether plaintiff entitled to damages in respect of wages lost in period from date of termination of contract to date of judgment – whether plaintiff entitled to damages in respect of distress and suffering – whether legal and other costs properly included in an award of damages.

The plaintiff obtained judgment by consent against her former employer, the second defendant. She established a cause of action in breach of contract, as the termination of her contract of employment was contrary to s36(1) of the Employment Act. She also sued the first defendant, a manager of the second defendant, but judgment was not entered against him. At this trial on assessment of damages the plaintiff claimed four categories of damages: (1) general damages in respect of wages lost in the period from date of termination of the contract of employment to the date of judgment, K18,600.00, (2) special damages for loss of employment, (K5,000.00), (3) general damages for pain and suffering (K5,000.00), and (4) costs of the proceedings, K23,163.40.

Held:

(1) There was no justification, in law or practice, and no precedent existed, for calculating general damages according to wages lost in the period between the date of termination of the contract and the date of judgment. Nothing was awarded.

(2) The claim for special damages was misconceived. Nothing was awarded.

(3) The claim for humiliation, pain and suffering due to the circumstances in which the contract had been abruptly terminated was sound. K5,000.00 was awarded.

(4) The claim for costs, made as part of a claim for damages, was misconceived. Nothing was awarded.

(5) The total award of damages was K5,000.00. In addition, interest of K1,444.00 was awarded. The total judgment sum was K6,444.00. The parties were ordered to bear their own costs.

Cases cited

The following cases are cited in the judgment:

Chemica Didiman Store v Bernard Tiau (2007) N5000

George Podas v Divine Word University (2011) N4395

Placer (PNG) Ltd v Alois Kawa (2008) SC919

Vitus Sukuramu v New Britain Palm Oil Limited (2007) N3124

ASSESSMENT OF DAMAGES

This was a trial on assessment of damages.

Counsel

D Wa’au, for the plaintiff

S Kesno, for the defendant

16th May, 2014

1. CANNINGS J: The plaintiff Monica Angogi obtained judgment by consent against her former employer, the second defendant, Chemica Ltd. She established a cause of action in breach of contract, as the termination of her oral contract of employment was contrary to Section 36(1) of the Employment Act. She also sued the first defendant, Fred Yadiwilo, the manager of the retail store at Madang where she worked as a senior salesperson. However judgment was not entered against him.

2. At this trial on assessment of damages against the second defendant, the plaintiff claimed four categories of damages: (1) general damages in respect of wages lost in the period from date of termination of the contract of employment to the date of judgment, K17,922.50, (2) special damages for loss of employment, (K5,000.00), (3) general damages for pain and suffering (K5,000.00), and (4) costs of the proceedings, K23,163.40, a total claim of K51,085.90.

3. Mr Kesno for the second defendant submitted that most of the plaintiff’s claim was unreasonable and without merit. The most that could properly awarded was K2,000.00, he argued.

1 GENERAL DAMAGES: LOST WAGES

4. There is no justification, in law or practice, and no precedent exists, for calculating, as a matter of course, general damages according to wages lost in the period between the date of termination of the contract and the date of judgment (Placer (PNG) Ltd v Alois Kawa (2008) SC919). Each contract must be interpreted to see whether any such calculation is warranted. In the majority of cases no such entitlement will be found to exist. Here, this was a simple, oral contract of employment and it created no such entitlement. Nothing is awarded.

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