Court rules in favour of PX

By ZEDAIAH KANAU
THE National Court in Waigani has dismissed an application by a former aircraft engineer of Air Niugini who was seeking orders to be reinstated.
Justice Ere Kariko yesterday dismissed an application by Phillip Kurivo in its entirety after noting that an arbitration tribunal that gave directions for his reinstatement had no authority to do so.
In his application, Kurivo sought to be reinstated to his former position with Air Niugini after the company terminated him on Dec 19, 2003. Kurivo’s plea is based on an industrial award registered in his favour on Nov 12, 2008.
He was previously employed by Air Niugini as a licensed aircraft engineer based at Jackson Airport, Port Moresby.
In 2003, he held the office of president of the National Aircraft Engineers Association (NAEA), the industrial organisation representing the interests of national aircraft engineers working for Air Niugini.
On Nov 20, 2003, he made public statements on behalf of NAEA, not authorised by Air Niugini, relating to the company’s operations that in the association’s view, contributed to flight delays that were being experienced by the airlines.
He was suspended from duties on Dec 2, 2003, for the issuance of unauthorised media statements, a conduct that was contrary to company policy.
He appealed to the management over his suspension, arguing that the statements were made in good faith and of public interest, but the appeal was declined and he was terminated on Dec 19, 2003.
The NAEA then referred his termination to the Industrial Registrar under the Industrial Relations Act for a review. An Industrial Arbitration Tribunal was established on May 31, 2006, to undertake the review and it conducted its hearing on Nov 5, 2008, determining that the termination was unlawful and made an industrial award directing that Kurivo be reinstated.
On Oct 4, 2010, Air Niugini filed for review in the National Court over the tribunal’s decision but discontinued it after learning that Kurivo had secured employment with the Civil Aviation Authority.
The present suit was filed when Air Niugini stood firm not to reinstate him.
At the time of the trial, Kurivo was working for Airlines PNG.
Justice Kariko upheld submissions by Air Niugini, who argued that the tribunal had no power to order reinstatement.
He said when an employee had been wrongfully terminated, as a general rule, he was only entitled to receive what he would receive if he had been lawfully terminated.
“This means pay in lieu of notice and other contractual entitlements; it does not include reinstatement unless there is a statutory or contractual entitlement to reinstatement,” Justice Kariko said.