logo Judiciary of the Republic of Vanuatu

Court of Appeal

Civil Appeal
586 of 2019
12 Jul 2019
12 Jul 2019
Justice John Mansfield; Justice John Hansen; Justice Gustaaf Andrée Wilten; Justice Stephen Felix
Antoine Malsungai - First Appellant; Yvette Tevear - Second Appellant
Vanuatu Broadcasting and Television Corporation (VBTC)
Alatoi Ishmael Kalsakau for the Appellant; Mark Hurley for the Respondent

ORDERS 

1. Appeal allowed.

2. Judgment of Supreme Court set aside.

3. Respondent shall pay each of the Appellant’s the following sums in full and final settlement of their claims arising from their employment.

a) Payment of outstanding remuneration from the date of suspension to the date of termination;

b) Accrual annual leave to the date of termination; 

c) 3 months’ pay in lieu of notice;

d) Severance allowance;

e) 3 times multiplier pursuant to s.56(4) of the Employment Act;

f) Interest at 5% p.a.;

g) Respondent to pay the Appellant’s costs at first instance on the standard basis to be assessed if not agreed; and

h) Each party to bear their own costs of the appeal proceeding.

DATED at Port Vila, this 12th day of July, 2019.

BY THE COURT

John Mansfield
Judge