Pule v Teaching Service Commission [2001] SBHC 121; HC-CC 137 of 2001 (4 July 2001)

HIGH COURT OF SOLOMON ISLANDS

CIVIL CASE N0. 137 OF 2001

CATHERINE PULE

-V-

TEACHING SERVICE COMMISSION AND CENTRAL PROVINCE EDUCATION AUTHORITY

HIGH COURT OF SOLOMON ISLANDS
(PALMER J.)

HEARING: 4TH JULY 2001
INTERLOCUTORY JUDGMENT: 4TH JULY 2001

A & A Legal Services for the Plaintiff
No appearance by First and Second defendants

PALMER J.: The Plaintiff had been re-appointed by the Teaching Service Commission (“the TSC”) by letter dated 7th November 2000 into the post of Deputy Principal (S) with effect from 25th September 2000. At paragraph 4 of her Statement of Claim she claims she was appointed by the TSC on 6th November 2000 to be the Deputy Principal of McMahon Community High School (“McMahon CHS”) at Tulagi. Her appointment was back-dated to 25th September 2000. At the beginning of this year the Second Defendant (“the CPEA”) required that she be transferred to another school; which did not go down well with the Plaintiff. Various schools were recommended eventually culminating in Vuranimala Community High School. She was to be transferred to that school to take up the post of Deputy Principal. It appears she objected and refused to accede to this request or direction for transfer, as a result of which she was told to vacate the premises in which she was residing in at McMahon CHS and her salary stopped with effect from 1st April 2001.

She claims inter alia, that the direction made by the CPEA to have her transferred was done without lawful excuse and without the authority of the TSC. The subsequent stoppage or suspension of her salary too she claims was done without lawful basis and accordingly comes to Court by way of Summons for an interlocutory order seeking restoration of her pay pending determination of the issues in this Court. She claims she had not received any notice of termination of employment or any indications of disciplinary action being taken against her that would warrant stoppage or suspension of her pay. Indirectly, issues of natural justice and fair hearing are being raised by the Plaintiff in this action which would warrant proper and due consideration by this Court. She had not been given opportunity to address or respond to the unilateral decision taken it seems by the Defendants to stop payments of her salary with effect from 1st April 2001.

I am satisfied notice of this summons had been effectively served on the Defendants. The Plaintiff had deposed to this effect in her affidavit of 4th July 2001. She had also given oral evidence of the conversations she had with an Officer of the TSC. No one attended on behalf of the Defendants at the hearing of this application.

I am satisfied the Plaintiff has shown on the affidavit evidence filed in support of her application that her rights under her employment contract with the Defendants had been breached and will continue to be breached if this Court does not grant the interlocutory orders sought pending determination of the substantive issues in this case. I am satisfied she has established to my satisfaction that such orders should issue for the re-instatement of her salary forthwith and payment of her arrears with effect from 1st April 2001 subject to an undertaking for damages to be filed.

ORDERS OF THE COURT:

1. Subject to the filing of an Undertaking for Damages order salary of the Plaintiff to be re-instated forthwith until further orders of this Court or until trial of the substantive issues in this case.
   
2. Order payment of the arrears of her salary from 1st April 2001 forthwith.
   
3. Order the Second Defendant (Central Province Education Authority) to pay the costs of the Plaintiff in this application.
   
4. Direct that the Writ of Summons, Statement of Claim and affidavit of Catherine Pule filed 13th June 2001 be served on the Attorney-General as well.
   

THE COURT.