Jimmy Malai v Papua New Guinea Teachers Association

• Jurisdiction: Papua New Guinea
• Judge: Woods J, Hinchliffe J, Konilio J
• Judgment Date: 30 July 1992
• Judgement Number: SC431
• Year: 1992
• Citation: [1992] PNGLR 568
• Court: Supreme Court

Supreme Court: Woods J, Hinchliffe J, Konilio J

Judgment Delivered: 30 July 1992

SC431

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCA No 68 of 1991

JIMMY MALAI v PAPUA NEW GUINEA TEACHERS ASSOCIATION

Waigani: Woods, J

Hinchliffe, J

Konilio, J

25 May & 30 July, 1992

Employment — Terms — Common Law categories applicable unless varied by contract — right of employer to terminate contract of employment — terms of employment and termination no better that under Employment Act Ch 373 — No contract — No unfair dismissal.

Cases Cited:

The following case is cited in the judgement.

Ridge v Baldwin [1964] AC 40

D Liosi for the Appellant

E Stylianou for the Respondent

30 July, 1992

BY THE COURT: The appellant Mr Malai is appealing against the judgment of the National Court dismissing his claim for damages for unfair dismissal from employment.

The history of this matter is that the appellant was a teacher who in 1982 took up a position with the defendant, his professional association, as a Regional Secretary for the Association. Whilst it is not clear on the evidence it would appear that he had stepped aside from his position in the Education Department as a teacher to work for his professional association by means of leave without pay. He served as an employee of the Association from 1982 until 1987 for almost all of that time as Regional Secretary, Momase Region

although the position was re-advertised each time the Association had its Bi-Annual Congress. Following the re-advertising of the position in 1986 for the next term of the Association the appellant was not reappointed for the position of regional secretary. However he was retained in another position by the Association just to keep him employed for a while. Then in April 1987 the Association decided to terminate him as his reappointment or redeployment in the Association was not necessarily required.

The Appellant made a claim against the Association for unfair dismissal and claimed damages including loss of earnings and entitlements for 11 months. The claim was heard by the National Court in April 1991 which found that there was no evidence of any statutory right or condition of employment which would affect the common law right in a master to terminate his employee. The appellant's services as an acting Research Officer were at the will of the Management Committee which had acted to terminate him as being in excess to organisational structural requirements. The National Court dismissed the claim.

The Appellant has appealed that His Honour the trial Judge erred in law in deciding.

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