12-18-2007, 09:42 AM
A dismissed telecommunications engineer was awarded a total of $150,846 in entitlements as well as a lifetime pension from the TCC, by Mr Justice Warwick Andrew at the Nuku'alofa Supreme Court on Friday, December 15.
The former Chief Engineer of the Tonga Telecommunications Commission, now the Tonga Communications Corporation, Siosaia Fonua had a long court battle with his former employer over his claim that he was wrongfully dismissed by TTC in July 1999. Court hearings relating to his dismissal from TTC began in the Nuku'alofa Supreme Court in February 2002, and his case has been into the Court of Appeal twice. The Court of Appeal decided on August 13, 2006 that he was wrongfully dismissed.
"In our opinion, the Commission dismissed the applicant by requiring him to resign in circumstances in which he knew that if he did not, he would be dismissed. That occurred in circumstances where the Commission could only dismiss the applicant if it was established, by proper process, that he was guilty of gross misconduct. That was never established and the applicant's dismissal was not lawful," the Court of Appeal decided.
The matter was then remitted to a judge of the Supreme Court to assess the damages payable to the applicant.
View full story: http://www.matangitonga.to/article/tonga...1207.shtml
The former Chief Engineer of the Tonga Telecommunications Commission, now the Tonga Communications Corporation, Siosaia Fonua had a long court battle with his former employer over his claim that he was wrongfully dismissed by TTC in July 1999. Court hearings relating to his dismissal from TTC began in the Nuku'alofa Supreme Court in February 2002, and his case has been into the Court of Appeal twice. The Court of Appeal decided on August 13, 2006 that he was wrongfully dismissed.
"In our opinion, the Commission dismissed the applicant by requiring him to resign in circumstances in which he knew that if he did not, he would be dismissed. That occurred in circumstances where the Commission could only dismiss the applicant if it was established, by proper process, that he was guilty of gross misconduct. That was never established and the applicant's dismissal was not lawful," the Court of Appeal decided.
The matter was then remitted to a judge of the Supreme Court to assess the damages payable to the applicant.
View full story: http://www.matangitonga.to/article/tonga...1207.shtml