NJSS to pay K25,000 to court officer in human rights case

The National Judicial Staff Services (NJSS) has been ordered by the National Court in Waigani to pay a total of K25, 000 to a court officer, Israel Kambual, for breaching his human rights.

The case stems from disciplinary charges filed against Kambual in May 2023. He was accused of being absent without leave for an extended period and was found guilty by the then NJSS Secretary, Jack Kariko, who recommended his dismissal. Kambual appealed the decision to the NJSS Appeal Tribunal.

The Tribunal, led by Senior Magistrate Her Worship Josephine Nidue, heard the appeal at the Mt. Hagen courthouse on October 11, 2023.

On October 12, the Tribunal upheld the appeal, annulled the disciplinary charge and dismissal recommendation, and ordered Kambual’s reinstatement. It also directed the NJSS to pay Kambual his lost salaries from May 1, 2023, until the date of the Tribunal’s decision. However, the decision was never put in writing, delaying its implementation.

Despite the Tribunal’s clear oral ruling, the NJSS failed to pay Kambual the agreed sum of K19,589.06 in lost salaries.

Frustrated, Kambual left his job and filed a human rights application, citing a breach of his constitutional right to the full protection of the law under Section 37(1).

The court found that NJSS was obligated to implement the Tribunal’s decision within a reasonable time, regardless of the absence of a written order. Justice David Cannings ruled that the delay constituted a breach of Kambual’s rights.

In addition to the lost salaries, the court awarded Kambual damages of K5,410.94 for the delay, bringing the total amount owed to K25,000. NJSS was ordered to pay the full sum within 28 days from January 3rd.

The court also directed Kambual to resume work within seven days of receiving the payment and file a duty resumption form, after which he will be reinstated to the regular payroll.

Justice Cannings stressed the importance of respecting human rights, stating, “The NJSS was obligated to act promptly. Their delay has denied the plaintiff his legal entitlements.”