Court orders re-hearing of termination appeal

By CLARISSA MOI
THE Supreme Court has ordered the National Court to re-hear an application filed by eight terminated employees of the Eastern Highlands provincial health authority (EHPHA).
A three-man bench comprising Justices Derek Hartshorn, Daniel Liosi and Steven Kassman made the ruling in Waigani yesterday.
The appellants Min Eremuge, Philip Aure, Theresa Kotio, Enos Taubona, Helen Inaru, Charlie Keafae, Sama Suguya and Anotn Karo had filed an appeal to review a decision by chief executive Dr Joseph Apa to terminate them following a non-violent protest that they had conducted in 2017 over concerns about the management of the Goroka General Hospital.
The National Court had refused the application on the basis that the appellants had not relied on correct law which was the Public Service Management Act (2014) and failed to address other grounds of review.
The appellants’ lawyer Solomon Wanis submitted that the trial judge had erred in law by denying natural justice and by not addressing the other grounds of review.
Wanis also noted that the notices of suspension were not personally served on the appellants.
Representing the respondents Dr Joseph, EHPHA and the State, Russell Uware said the powers of court in judicial review application were discretionary.
Uware said there was nothing in the ruling that showed to deliberate disregard of the appellants’ arguments of natural justice breach nor had they relied on relevant laws.
Wanis argued that although the court had wider discretionary powers, it should not abuse those powers but address all grounds of review. Justice Hartshorn said while the bench agreed with Uware, it was satisfied that the primary judge did not address the other grounds of review.
“It is trite law that a judge should consider all arguments that are before him,” he said.
“We are satisfied that the trial judge had fell into error by not considering the other grounds of appeal,” Justice Hartshorn said.
The court ordered that the National Court’s decision of Nov 12, 2021, be quashed and this proceeding be remitted back to the National Court for re-hearing.