Malsungai v Vanuatu Broadcasting and Television Corporation

Court Court of Appeal

Case type Civil Appeal

Case number 586 of 2019

Hearing date 07 May 2019

Decision date 10 May 2019

Official PDF document

Judge(s) Justice John von Doussa; Justice Ronald Young
Justice Oliver Saksak; Justice Daniel Fatiaki; Justice Gustaaf Andrée Wiltens; Justice Stephen Felix

Appellant(s) Antoine Malsungai - First Appellant; Yvette Tevear - Second Appellant

Respondent(s) Vanuatu Broadcasting and Television Corporation

Counsel Mr A.I. Kalsakau for the Appellants (absent) Mr M. Hurley for the Respondent

MINUTE

A. Introduction

1. Following a continuing dispute between management and staff at Vanuatu Broadcasting and Television Corporation (“VBTC”) two members of staff were suspended and later dismissed. They brought an action for wrongful dismissal, but lost in the Supreme Court. They now appeal to this Court on the basis that their dismissals were prompted by the fact they were leading figures in the union, and their dismissals were retaliation for their union activity, contrary to the existing Collective Bargaining Agreement and legally unjustified.

2. There had been disagreement between counsel regarding whether leave to appeal out of time was appropriate or not. In the end, it transpired that the appeal was filed on 30 October 2018 only some 7 days late, and the further delay has arisen in the Registry. In those circumstances, Mr Hurley no longer opposed, and we accordingly grant leave to appeal out of time by consent.

3. An Appeal Book has been filed, but no submissions by Mr Kalsakau - despite timetabling directions and an appearance at the call-over. Mr Hurley advised he had been promised submissions by Friday last week, but it appears Mr Kalsakau may have taken to his sick bed. It has not been possible to contact him this morning – even his client Mr Malsungai had no success.

4. In the circumstances, this appeal is adjourned to the July session. Mr Hurley was content for that, subject to the matter being ready and being heard in that session, in default of which he indicated an application to strike out would be made.

Dated at Port Vila this 10th day of May 2019

BY THE COURT

………………………………………….

Justice J. von Doussa