Reo v Overseas Engineering and Construction Company - Judgment [2005] KIHC 156; 41-05 (22 November 2005)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Case No. 41 of 2005

Between:

TATERA REO
Plaintiff

And:

OVERSEAS ENGINEERING AND
CONSTRUCTION COMPANY
Defendant

For the Plaintiff: Mr Karotu Tiba
For the Defendant: Mr Banuera Berina

Date of Hearing: 22 November 2005

JUDGMENT
(Ex Tempore)

The plaintiff was employed by the defendant OECC as a labourer. His wage was $97 per fortnight. He worked, he said, from 27 July 2004 to 17 September. He was dismissed. A letter (Exhibit P2) from the OECC to the Permanent Secretary Ministry of Labour says he was dismissed because his attitude to work suddenly became bad – “unprepared to work and neglectful of his duty assigned to him particularly cleaning the mixer during his probationary period were the main reasons for his outright termination”.

Counsel agree that the Employment Ordinance provides for one month’s notice of dismissal. The defendant is willing to pay $228.00 equivalent to one month’s salary in lieu of notice. This may be rather more than $97.00 per fortnight but it is the defendant’s figure.

The plaintiff has been unwilling to accept $228.00 but has given no evidence himself or produced any through anyone else to support a greater claim.

There will be judgment for the plaintiff for $228.00.

Dated the 22nd day of November 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice