Ex-manager’s case dismissed

By KARO JESSE
THE Waigani National Court has dismissed a judicial review proceeding filed against the Mineral Resource Authority (MRA) by its former finance manager John Polup.
Polup filed the proceeding to review a decision by MRA managing director Jerry Garry which terminated his employment over breach of contract.
Justice Nicholas Miviri yesterday, in his ruling, upheld the motions filed by the MRA and its managing director seeking to dismiss the proceedings on the grounds that it was frivolous and an abuse of the court process.
Justice Miviri also found that Polup failed to disclose a cause of action in the case.
The court ruled that the termination was a matter of contract between employee and employer as it was not a public matter, it was more towards the facts and circumstance.
“There is no cause of action in this judicial review by the evidence and the requirement of law for is not satisfied,” Justice Miviri said.
“The originating summons is not the correct mode to start the proceedings in view of all set out above it means the proceedings cannot sustain in law and must be dismissed.”
Polup signed a three-year contract of employment with the MRA as the finance officer on Dec 18, 2017.
He was charged and suspended last March 21 and his contract was terminated last April 23.
He was charged for breaching conditions of his contract of employment and failure to uphold MRA’s code of conduct.
Polup was charged with breaching provisions of his contract and the corporate policy of MRA which constituted; disgraceful or improper conduct in the discharge of official duties; an inappropriate relationship with a subordinate employee; absence from work for seven days without proper reason; the verbal abuse of MRA staff and breach of IT policy; the damaging of a MRA asset (a CUG-issued mobile phone) and taking the authority’s funds without approval on several occasions.