Oyabosa v Kopiso [2017] PGDC 6; DC3020 (13 October 2017)

DC3020
PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS GRADE FIVE CIVIL COURT JURISDICTION]

GFCi: 21of 2017

BETWEEN

SAM OYABOSA

Complainant

AND

KOPISO

1^stDefendant

AND

ALOIS KAWAGE

2^nd Defendant

AND

FAYANTINA LOCAL LEVEL GOVERNMENT

3^rd Defendant

Goroka: R. APPA, PM

2017: October 13

CIVIL –

Cases Cited:
Nil
-2-
References:
Nil

Counsels:
Nil

13^th October, 2017

DECISIONOF THE COURT

R. APPA, PM: The complainant sued defendants for his unpaid salaries. He was informally employed by the 3^rd defendant as a driver since 2014.

2. Liability was denied so case proceeded to trial. Both parties presented affidavit evidence.

3. Court had considered and found that there was no formal contract of employment entered into by the parties. Complainant was handpicked by the first defendant as the LLG President but was later accepted and paid him K250.00 a fortnight on rural standard rate up to December 2015. There was no proof or evidence that he was employed in 2016.

4. Complainant produced copies of cheques he was paid from 2014 to December 2015, a total of K10, 250.00 was paid. He was paid on backdated payments in big sums. I could not find any evidence of outstanding wages. It was possible from my calculation that in cheque No. 923 he was paid K1, 000.00 less.

Orders:

The 3^rd Defendant Fayantina LLG is ordered to pay the complainant K1, 000.00 in consolation.

All the other claims are dismissed as un-substantiated.

Dated this 13^th October, 2017 at Goroka.

Counsels:
Nil