Malsungai v Vanuatu Broadcasting and Television Corporation (VBTC)

Court Court of Appeal

Case type Civil Appeal

Case number 586 of 2019

Hearing date 12 Jul 2019

Decision date 12 Jul 2019

Official PDF document

Judge(s) Justice John Mansfield; Justice John Hansen; Justice Gustaaf Andrée Wilten; Justice Stephen Felix

Appellant(s) Antoine Malsungai - First Appellant; Yvette Tevear - Second Appellant

Respondent(s) Vanuatu Broadcasting and Television Corporation (VBTC)

Counsel Alatoi Ishmael Kalsakau for the Appellant; Mark Hurley for the Respondent

REASONS FOR JUDGMENT

ORDERS 

1. Appeal allowed.

2. Judgment of Supreme Court set aside.

3. Respondent shall pay each of the Appellant’s the following sums in full and final settlement of their claims arising from their employment.

a) Payment of outstanding remuneration from the date of suspension to the date of termination;

b) Accrual annual leave to the date of termination; 

c) 3 months’ pay in lieu of notice;

d) Severance allowance;

e) 3 times multiplier pursuant to s.56(4) of the Employment Act;

f) Interest at 5% p.a.;

g) Respondent to pay the Appellant’s costs at first instance on the standard basis to be assessed if not agreed; and

h) Each party to bear their own costs of the appeal proceeding.

DATED at Port Vila, this 12th day of July, 2019.

BY THE COURT

John Mansfield
Judge