Maio v Attorney General, iro Ministry of Labour and Human Resources Development [2013] KICA 7; Civil Appeal 08.2012 (23 August 2013)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTIONHELD AT BETIOREPUBLIC OF KIRIBATI
Civil Appeal No. 8 of 2012

BETWEEN

WAUERI MAIO
APPELLANT

AND

ATTORNEY-GENERAL IRO MINISTRY OF LABOUR AND HUMAN RESOURCES DEVELOPMENT
RESPONDENT

Before: Paterson JA
Blanchard JA Handley JA
Counsel: Andrea Hadaway for appellant Monoo Mweretaka for respondent
Date of Hearing: 20 August 2013
Date of Judgment: 23 August 2013

JUDGMENT OF THE COURT

1. This matter was adjourned during the hearing on 20 August 2013 to enable the parties to discuss a settlement. The parties have reached a settlement, apart from costs, and by consent have requested this Court to make two orders, which it is prepared to do as it considers them a suitable and appropriate solution to the dispute.
   
2. The applicant seeks a further order that he be reimbursed for disbursements of $620. He does not seek costs as the Office of the People's Lawyer, which represented him, is not entitled to recover costs other than disbursements. The Republic opposes this request but the Court grants the request.
   
3. This Court therefore orders:
   
   • (a) A declaration that the decision of the Court of Appeal of Kiribati in Civil Appeal No. 8 of 2012 delivered on 15 August 2012 quashing the decision of the Respondent to dismiss the Applicant, means that dismissal from the programme was unlawful and, therefore, the Respondent must restore the Applicant to the FTC training programme;
     
   • (b) A declaration that the Respondent must allow the Appellant to commence the FTC training programme in the intake commencing at the beginning of 2014;
     
   • (c) That the Respondent is to pay $620 to the Applicant for disbursements.
     

Paterson JA

Blanchard JA

Handley JA