Selwyn Noel Leslie Johnston and Papua New Guinea Consulate, Cairns [1995] IRCA 273

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY NO. QI 210/94 BETWEEN: SELWYN NOEL LESLIE JOHNSTON Applicant AND: PAPUA NEW GUINEA CONSULATE - CAIRNS Respondent REASONS FOR JUDGMENT BOULTON J.R. The applicant applies for relief in respect of the summary termination of his employment which occurred on 12 October 1994.

During the course of the trial I allowed the name of the respondent to be amended to read The Government of Papua New Guinea. At all material times the applicant was employed by the respondent as a chauffeur at its consulate in Cairns. He is now 50 years old, having been born on 5 September 1994. It was common ground that the applicant commenced his employment with the respondent on 6 June 1994, his employment being subject of a 3 month probationary period. The only witnesses who gave evidence before me were the applicant and a Mr. Lemeki, the respondent's then consul in Cairns. Generally, I prefer the evidence of the applicant where it conflicted with that of Mr. Lemeki. The respondent submitted that the applicant's employment was not permanent, it not having been confirmed after the expiration of the initial 3 month probationary period. I accept that the applicant took up this aspect with Mr. Lemeki on several occasions after the expiration of the probationary period. Mr. Lemeki assured him each time that it would be attended to, but that he (Mr. Lemeki) was busy with more pressing commitments. While the applicant did not ever receive written confirmation of his appointment, nothing turns on this in my view in the light of Mr. Lemeki's assurances. Differences had arisen between the applicant and Mr. Lemeki during the probationary period about the way in which the applicant was carrying out his work; these included telephone answering, the picking up of a senior government official in Cairns and the use of official vehicles and a mobile phone. These were referred to in a letter dated 11 August 1994 (ex. R1) from Mr. Lemeki to the applicant, and the latter's response of the same date (ex. R2). On that date and after the exchange of these letters, Mr. Lemeki and the applicant discussed their differences. I accept the applicant that to all intents and purposes Mr. Lemeki and he resolved these differences, and decided to get back to a good working relationship as if nothing untoward had occurred.