Mangos remains PPL boss: Court

 By LAZARUS BIRA

THE Waigani National Court has ruled that John Mangos remains PNG Power Limited (PPL) executive director pending the court’s determination of the substantive matter.

Acting Justice Danajo Koeget yesterday handed down the decision in favour of Mangos’ application which was made last month to seek the orders.

He said Mangos’ status quo had to be preserved by restraining the decision of the defendants – PPL and its board.

“They ought to be restrained from terminating the employment of the plaintiff and ceasing to pay his fortnightly salaries until the substantive issues are determined by the court,” Koeget said. 

“The balance of convenience favours the granting of the orders and damages are not adequate remedy in this case.”

Koeget said Mangos had argued that the proceedings involved the application of the Independent Public Business Corporation Act 2015 and the PPL constitution.

The IPBC Act 2015 provides that the appointment and removal of a director of any State entity is vested in the National Executive Council while the PPL constitution provides that the appointment of the executive director shall be by the NEC.

“The proceedings concern the exercise of the power by the second defendant (PPL board), which they do not have under the statutory regime and the company constitution,” Koeget said.

“Whether the second defendant had the authority to terminate the employment of the plaintiff is an issue to be determined by court in the substantive hearing. 

“In my view, there are serious issues to be tried.”

Koeget said the defendants had purchased airline tickets for the plaintiff to travel to Australia after his termination but there was no evidence of his return ticket to PNG to attend board meetings.

He said there was no evidence of the defendants’ payment of the plaintiff’s expenses, including the wages and accommodation in PNG.

Koeget refused the defendants application to dismiss the entire court proceedings.