Court rules retrenchment of officers illegal

By KARO JESSE
THE Waigani National Court yesterday ruled that retrenchment of seven former PNG Correctional Services officers in 2005 was illegal as the proper process was not followed.
The officers claimed that their retirement notice was not properly given and their benefit calculations based on 2005 salaries were wrong which led them to be paid less.
Judge Les Gavara-Nanu found that the officers where still employees of the State until Dec 14, 2016, when the Supreme Court remitted their matter to the National Court.
The court ordered that the officers’ benefits would be calculated based on 2016 salaries.
Justice Gavara-Nanu ruled that the memorandum of agreement between the PNG Corrrectional Services and CS Employees’ Union was still valid and the defendants failed to comply with clauses four and eight in setting up the redundancy monitoring committee to calculate the retrenchment.
The matter emanated in May 10, 2005, when the former commissioner for Correctional Services issued a circular that officers comprising the late Corporal Sam Singa, late Snr Insp Tom Kargo, Sgt-Maj Henry Levi, Sgt Ape Awage, Corporal Kiko Tendele, Sgt-Maj George Noine and Corporal Clifford Isara along with some other officers were to be retrenched and paid their final entitlements.
The CIS officers and Correctional Services Union took the matter to court and sought a judicial review over the decision of CS commissioner.
In April 13, 2006, the commissioner and the State were restrained from taking further actions to evict the seven officers from the institutional houses, also ordered that they be kept on payroll until the substantive matter was determined by the court.
In Sept 21, 2012, the National Court order in the nature of mandamus compelled CS and the State to comply with clause four of the MoA signed between CIS and the union on June 12, 1991, to establish a Correctional Service redundancy monitoring committee within 14 days from the date of the orders.
This was to consider and determine the issues pertaining to the CIS officers’ redundancy.