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Aputi v Secretary, NJSS [2005] PGDC 28; DC154 (19 May 2005)

DC154

PAPUA NEW GUINEA
[IN THE NATIONAL JUDICIAL STAFF SERVICES APPEAL TRIBUNAL]

Collin Aputi
Appellant

V

Secretary NJSS
Respondent

Waigani: P P POLOH
19th May 2005

No appearance both the Appellant and Respondent

DECISION

POLOH: This is an appeal to this Tribunal by Mr. Collin Aputi.

The history of this case dates to 1994. At that time the Appellant was employed as a Security Guard by the NJSS.

According to the record, he was employed on 14" November 1991 until his termination by then Secretary Lawrence Newell on 241' December 1994. At the time of his termination, the Appellant was a probationary officer.

The Notice of Revocation of Probationary Officer reads:

I

"TAKE NOTICE that your probationary employment with the NJSS is revoked as of the date of this Notice as your services are no longer required by the Service

This Notice of Revocation was dated 24th December 1994.

The Appellant had not raised any grounds in support of his appeal However if he did, I am not bound to consider the grounds because the appeal provisions under the NJSS Ad 1987 is not available to him. The appeal provisions are available only to officers of the NJSS.

The Appellant was a probationary officer. There is no evidence that the Appellant was an officer of the NJSS. The requirements of becoming an officer under Section 12 of NJSS Act 1987 have not been met.

As a Probationary officer, his services can be disposed off at any time by the Secretary if he is no longer required. In this case in my View the Secretary did not err in terminating the Appellant's services as a probationary officer. There is nothing the Appellant can do. He had no right to appeal to this Tribunal.

After having said all that, I consider there is no merits in this appeal I dismiss it.

In Person: Complainant
In Person: Defendant