Sacked worker wins

National, Normal


A MAN exhausted all legal processes available and has won all his cases at the different levels.
However, due to financial hardships in retaining a permanent counsel to enforce the orders of the Supreme Court and Judicial Review, his former employer has been ignorant of his plight to have the court orders adhered to.
The Industrial Arbitration Tribunal’s (IAT) decision to reinstate Obedi Naiyalena, a long serving employee of Ela Motors, has been reaffirmed by the high court and is yet to be acted on by the company. 
Naiyalena, from Goodenough Island in Milne Bay, was employed by Ela Motors from Aug 3, 1987, to Dec 16, 1997, when he was sacked without notice.
He was employed as a supervisor in the tyres and battery department in Port Moresby.
In an interview with The National, he said he took the matter to the attention of the Amalgamated General Workers Union (AGWU) of PNG.
“The union pursued it at the IAT and a decision in my favour was made on July 8, 2002.
“And the IAT awarded me backdated loss of wages and other entitlements retrospective to Dec 16, 1997,” Naiyalena said.
Ela Motors sought a review in the National Court which upheld the award on July 28, 2002.
The tribunal awarded that Naiyalena be reinstated to his former position as of Dec 16, 1997; his salary to be backpaid to Dec 16, 1997; his continuous service to carry on from Aug 3, 1987; and he must not be unnecessarily terminated until proven that he has committed an offence.