State goes to court to stop doctors’strike

By JULIA DAIA BORE
THE state late last Friday took out an interim stay order restraining, or effectively stopping, the doctors from going on strike, arguing that the national doctors are raising issues that are not contained in the signed memorandum of agreement.
“The matters that the National Doctors Association is raising as the basis of the strike action are new and subject to negotiation pursuant to clause (F) of the 2010 MoU,” state lawyer Sam Koim argued during an ex parte application before Justice Catherine Davani.
The National Court order, granted by Davani, was delivered at about 6.30pm to NDA president Dr Kauve Pomat in the presence of Trade Union Congress president John Paska and other Port Moresby-based doctors who were gathering at the PNGTUC headquarters at Korobosea.
The court also set Wednesday as the first inter-parties (both parties) hearing of the disputed matter.
The application for stay was filed by Attorney-General Sir Arnold Amet, Personnel Management secretary John Kali and the state. The defendants were Pomat, his executives and all members of NDA.
Koim successfully sought leave to proceed with the ex parte (one-side hearing) because of its urgency.
In arguing for the interim restraining order, Koim told the court that the MoU was signed on Jan 11 last year with the NDA to implement the outstanding clause 4.4, which was not implemented during the life of the 2007-09 NDA MoA.
He also argued that pursuant to that MoU, the Health Department, in consultation with Personnel Management Department, implemented the MoU.
Koim also submitted that in May last year, Health implemented the following substantial improvements to the doctors’ terms and conditions, backdated to Jan 1, 2007:
*Upgrading of all medical officers’ classifications by one or two grades; and
*Increasing domestic market allowances.
“The matters that the NDA are raising as the basis of the strike action are new matters and are subject to negotiation pursuant to clause (F) of the 2010 MoU.”
Koim submitted that clause 3.1 of the MoA stated that “due to the life preserving role of the medical/dental officers, every effort not to encourage or support any action which would result in withdrawal of the medical/dental officers’ services”.
He also pointed out that industrial registrar Helen Saleu had written to the public service conciliation and arbitration tribunal board last Wednesday, saying that there was no evidence of an existing dispute warranting a strike action.
Koim said Health and Personnel Management “are negotiating the new log of claims which have not become subject of a MoU/MoA as yet”.
He said the terms had to be agreed to by both parties and then reduced to a MoA/MoU which would then bind the parties.
The matter returns to court on Wednesday.