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A person’s right to be heard is special: Judge
By JOSHUA ARLO
A PERSON’S right to be heard is something special – something to be
cherished in a society built on principles of fairness, decency and
democracy – National Court judge Justice David Cannings said.
He made this comment last week in Kimbe, West New Britain province, when
handing down a ruling in relation to an application made by a Vitus
Sukuramu claiming wrongfully dismissal on grounds that he was not given
the right to be heard before being sacked by his employer, New Britain
Palm Oil Limited (NBPOL).
Mr Sukuramu was seeking damages for a breach in contract. He was
employed as a carpenter under a written contract of employment with
NBPOL.
He was sacked on the grounds of misconduct after allegedly threatening
personal violence on his supervisior and damage to his property.
He appealed to a senior manager of the company but his appeal was
dismissed. He commenced legal proceedings against NBPOL claiming he was
dismissed without good cause and contrary to the principles of natural
justice.
After hearing the case, Justice Cannings ruled in his favour.
“Terminating a person’s employment is a very big thing, especially in a
country like PNG where the bulk of the work-age population is
unemployed.”
He said jobs were scarce and a person with a job was invariably a
breadwinner for the whole of his/her extended family as nuclear families
were not a norm in PNG.
Justice Cannings said if a breadwinner was sacked, the consequences for
many people were significant and that in the present case, not only did
he (Sukuramu) lost his job and regular income, he also lost the house in
which he and his family were living in.
Justice Cannings ruled that there was a breach of contract and NBPOL was
liable for damages for wrongful dismissal.
 
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