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Malsungai v Vanuatu Broadcasting and Television Corporation [2019] VUCA 53; Civil Appeal Case 586 of 2019 (12 July 2019)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Civil Appellate Jurisdiction)

Civil Appeal
Case No. 19/586 CoA/CIVA

Coram: Hon. Justice John Mansfield

Hon. Justice John Hansen

Hon. Justice Gus Andrée Wilten

Hon. Justice Stephen Felix

Counsel: Alatoi Ishmael Kalsakau for the Appellant
Mark Hurley for the Respondent

Date of Hearing: 12^th July 2019

Date of Judgment: 12^th July 2019

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.
   
   1. Payment of outstanding remuneration from the date of suspension to the date of termination;
      
   2. Accrual annual leave to the date of termination;
      
   100. 3 months’ pay in lieu of notice;
        
   4. Severance allowance;
      
   5. 3 times multiplier pursuant to s.56(4) of the Employment Act;
      
   6. Interest at 5% p.a.;
      
   7. Respondent to pay the Appellant’s costs at first instance on the standard basis to be assessed if not agreed; and
      
   8. Each party to bear their own costs of the appeal proceeding.
      

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

BY THE COURT

John Mansfield
Judge