Court gives sidelined nurse back her job

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By Gideon Kindiwa
A COURT has ordered that a nurse sidelined and demoted seven years ago be reinstated and paid in full.
National Court judge Justice Les Gavara-Nanu yesterday handed down his ruling on Marcella Hasifangu who had been working as a quality assurance officer with the Boram General Hospital in Wewak, East Sepik, when she was suspended and demoted.
Justice Gavara-Nanu said the Public Service Commission and the Department of Personnel management had instructed that she be reinstated but this was not complied with by the hospital chief executive.
He said according to Section 190 to 192 of the Constitution, the commission could not be held to the Public Services Management Act when making its rulings. It must freely exercise its powers.
“They should respect the PSC’s decision,” he said.
Justice Gavara-Nanu ordered chief executive Mark Mauludu to reinstate Hasifangu as the quality assurance officer at Boram Hospital, and the State to pay her damages.
He gave Hasifangu 21 days to submit to Mauludu, Health Secretary Pascoe Kase and the State particulars of the damages she incurred including her salary and benefits.
He ordered the State to pay that to her within 14 days upon receiving the particulars from her.
Hasifangu said outside court she did not give up her fight for justice.
“I had to do everything I can to make sure justice is served and finally it was,” she said.
“I knew they were wrong, but I was patient. I went step by step and exhausted every avenue before going to court. And I did it right.”
Her lawyer John Napu welcomed the decision as it was handed down in the “clearest terms” and will be useful for future references for lawyers and the courts.
Hasifangu was a nurse at Port Moresby General Hospital before she was transferred to Boram in 2010. In 2011, the then chief executive at Boram, Dr Louis Samiak, assigned her for seven months to the health department in Port Moresby to process unpaid claims for Boram Hospital staff.
While she was in Port Moresby, Dr Lawrence Warangi was appointed as the new chief executive for Boram.
In December 2011, after her Port Moresby assignment ended, Hasifangu wrote to Warangi to provide her a return ticket to Wewak to resume her work there.
When there was no response, she paid her own airfare to Wewak but was not permitted to resume her position. On June 1, 2012, Warangi suspended her for unauthorised leave and insubordination.