Pombo v Manager, Koreana Enterprises [2000] PGDC 42; DC283 (11 July 2000)

DC283

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 59 OF 2000

BETWEEN

Peter Pombo
Complainants

V

Manager, Koreana Enterprises
Defendant

Mt. Hagen: Appa, P.M.
2000: 11th July

JUDGMENT

Case was called 3x at Court Room 6 and again at main court area by Keni but defendant showed no appearance.

It is noted on Court file that since the start of the proceeding defendant had failed to turn up to defend. No notice of intention to defend or defence was filed. The amended statement of claim was filed and copy served on defendant. There is still no defence filled. It seems defendant had lost interest in the case or no defence to the claim. He therefore acts to his own peril.

Complainant seeks default judgment and asked Court to consider his affidavits already on file. Hearing was adjourn to 1:30 pm for Court to consider complainant’s affidavit.

1:30 pm. Court has considered complainant’s case and in the absence of any defence or evidence to the contrary, this Court is satisfied on balance of probabilities that liability is established.

On quantum, complainant has asked for unpaid entitlements in the form of underpayment (K5,120.72) rate long service leave pay (K379.65),

Leave credits (K376.98) and overtime at (K7,098.36) the total claim being K12,975.71 less 20% tax payable which stands at K12,712.00 remains due to the complainant. Complainant waived the excess of K2,716.70 and claims K10,000.00.

I am satisfied that complainant was underpaid by K55.66 based on urban minimum wages scale which was K125.66 fortnightly. During complainant’s (3) three years of services he said he was given leave so credits stands at K376.98. I am not sure if 3 years of employment could be considered as long service so I would not allow for this claim. As for overtime which is a substantial claim, there is no evidence on time log or timesheet to confirm, so I would not allow for this.

The only claim which have been supported by some evidence are the unemployment and leave credits which total stands at K5,497.70. No interest or cost is allowed since the same were not allowed.

I enter judgment for the complainant for a sum of K5,497.70. No orders as to interest or costs. The judgment debt of K5,497.70 is payable by the second defendant forthwith upon service of same.

Dated this 11th day of July 2001 at Mt. Hagen

Mr. RAPHAEL APPA
By the Court