Court dismisses review filed by former employee

THE Waigani National Court dismissed a judicial review proceedings filed by a former Bougainville public servant to review the decision of his dismissal from office three-and-a-half years earlier.
Wesley Kenneth (plaintiff), a former secretary for the community government in the Bougainville government, applied to the court to review his dismissal which he claimed was removed from proper processes of law.
Justice Nicholas Miviri, in his decision, highlighted that according to the rules of the court, it may refuse to grant any relief sought in the application if it’s likely to cause hardship or prejudice to any person or would be detrimental to good proceedings.
This was because Kenneth filed the judicial review proceedings three-and-a-half years after he was dismissed from office.
“That is pertinent and outstanding on the part of the plaintiff to advance given the lapse, the time has moved,” Justice Miviri said.
“Administration in the Bougainville Autonomous Government has moved on, new appointment has been made to the position he contends for judicial review, what would be served in the remedies that he seeks?”
Kenneth was investigated for allegations raised against him in a petition of May 18, in accordance with Section 37 (1) (a) of the Bougainville Senior Appointments Act 2014, based on findings and recommendations of a board of inquiry by Chief Ila Geno. He was dismissed on Sept 19, 2018.
The court found that the decision by the board of inquiry made on Sept 16 2018 to recommend to the Bougainville senior appointment committee to remove the plaintiff from the office in 2014 was within the dictate of that law.