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...
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In The Matter of an Application for Judicial Review under Order 16 of The National Court Rules; Isaac Lupari v Sir Michael Somare, MP - Prime Minister & Chairman of the National Executive Council and The Independent State of Papua New Guinea (2008) N3476
...Kuluah v UPNG [1993] PNGLR 494; Attorney–General Michael Gene v Pirouz Hamidian–Rad [1999] PNGLR 278; Christopher Appa v Peter Wama [1992] PNGLR 395; David Nelson v Patrick Pruaitch (2004) N2536; David S Nelson v Patrick Pruaitch (2003) N2440; Ereman Ragi v Joseph Maingu (1994) SC459; Franc......
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Wilson Thompson v National Capital District Commission and The City Manager (2004) N2686
...Services Ltd (2001) (Unreported and unnumbered judgment delivered on 26 July 2001; SCA 80 of 2000), Christopher Appa v Peter Wama [1992] PNGLR 395, Robert Karava v Kevin Byrne [1999] PNGLR 39 referred toFactsUnder a written contract of employment, the Second Defendant (NCDC) employed the pl......
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Porgera Joint Venture Manager Placer (PNG) Ltd v Robin Kami (2010) SC1060
...the appeal was allowed with costs. Cases Cited: PNG cases Bromley v Finance Pacific Ltd (2001) N2097; Christopher Appa v Peter Wama [1992] PNGLR 395; Ereman Ragi v Joseph Maingu (1994) SC459; Felix T Ramram v National Broadcasting Commission (1990) N1110; Gideon Barereba v Margaret Elias (2......
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Timbani Longai v Steven Maken as the Acting Managing Director of Small Business Development Corporation and John Jeffrey as Chairman of Small Business Development Corporation and The Independent State of Papua New Guinea (2008) N4021
...and (4) National Court Rules, r13(1) and r13(2) a & b (a) Judicial Review (Amendment) Rules Cases Cited: Christopher Appa v Peter Wama [1992] PNGLR 395; Attorney–General Michael Gene v Pirouz Hamidian–Rad [1999] PNGLR 278; Bruno Baiwan v The University of Papua New Guinea [1995] PNGLR 18; B......
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In The Matter of an Application for Judicial Review under Order 16 of The National Court Rules; Isaac Lupari v Sir Michael Somare, MP - Prime Minister & Chairman of the National Executive Council and The Independent State of Papua New Guinea (2008) N3476
...Kuluah v UPNG [1993] PNGLR 494; Attorney–General Michael Gene v Pirouz Hamidian–Rad [1999] PNGLR 278; Christopher Appa v Peter Wama [1992] PNGLR 395; David Nelson v Patrick Pruaitch (2004) N2536; David S Nelson v Patrick Pruaitch (2003) N2440; Ereman Ragi v Joseph Maingu (1994) SC459; Franc......
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Wilson Thompson v National Capital District Commission and The City Manager (2004) N2686
...Services Ltd (2001) (Unreported and unnumbered judgment delivered on 26 July 2001; SCA 80 of 2000), Christopher Appa v Peter Wama [1992] PNGLR 395, Robert Karava v Kevin Byrne [1999] PNGLR 39 referred toFactsUnder a written contract of employment, the Second Defendant (NCDC) employed the pl......
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Porgera Joint Venture Manager Placer (PNG) Ltd v Robin Kami (2010) SC1060
...the appeal was allowed with costs. Cases Cited: PNG cases Bromley v Finance Pacific Ltd (2001) N2097; Christopher Appa v Peter Wama [1992] PNGLR 395; Ereman Ragi v Joseph Maingu (1994) SC459; Felix T Ramram v National Broadcasting Commission (1990) N1110; Gideon Barereba v Margaret Elias (2......
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Timbani Longai v Steven Maken as the Acting Managing Director of Small Business Development Corporation and John Jeffrey as Chairman of Small Business Development Corporation and The Independent State of Papua New Guinea (2008) N4021
...and (4) National Court Rules, r13(1) and r13(2) a & b (a) Judicial Review (Amendment) Rules Cases Cited: Christopher Appa v Peter Wama [1992] PNGLR 395; Attorney–General Michael Gene v Pirouz Hamidian–Rad [1999] PNGLR 278; Bruno Baiwan v The University of Papua New Guinea [1995] PNGLR 18; B......