By DAPHNE WANI
AIR Niugini management’s appeal against a National Court decision to allow sacked pilots to seek a judicial review of their termination will go for relisting in the Supreme Court on Monday.
The management filed an appeal after the National Court on Oct 7 granted leave to the eight pilots to seek a review of their termination in September.
Lawyer Ian Shepherd, representing the management, on Nov 2 said the pilots should seek damages for their termination and were not entitled for judicial review.
Shepherd said that Air Niugini was a private entity incorporated under a private law and the dismissed pilots could judicially review their dismissal through a judicial review process.
The leave was granted by Justice Collin Makail on Oct 7 after the pilots – Captains Joseph Kumasi, Ben Lopa, Vincent Tongia and Norman Daniel, and first officers Boris Ageda, Elijah Yuangi, David Sekan and Abel Kanengo filed a notice of motion seeking leave to judicially review Air Niugini’s decision that terminated them and an interim stay of the decision.
Justice Stephen Kassman yesterday adjourned the matter for relisting on Monday.
The matter was transferred from Chief Justice Sir Salamo Injia to Justice Kassman for hearing yesterday.
Shepherd said the case was partly heard by Sir Salamo on Nov 2 and the court could not proceed.
Moses Murray, the lawyer representing the pilots, also sought an adjournment to file documents and have them served on the management.
The pilots were dismissed from Sept 1-15 for disciplinary reasons and were found guilty of not undergoing medical checks, failing to attend work and sharing information on Facebook.
By DAPHNE WANI