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Grundler v Chief Secretary [2009] NRSC 14; (Police) Public Service Appeal Case No 1, 2 & 3 of 2009 (7 August 2009)

IN THE SUPREME COURT OF NAURU

(POLICE) PUBLIC SERVICE APPEAL CASE NO. 1/2009

BETWEEN

ROBERT GRUNDLER

AND

THE CHIEF SECRETARY

(POLICE) PUBLIC SERVICE APPEAL CASE NO. 2/2009

BETWEEN

JERICHO LAEO

AND

THE CHIEF SECRETARY

(POLICE) PUBLIC SERVICE APPEAL CASE NO. 3/2009

BETWEEN

CEDRIC KIKI

AND

THE CHIEF SECRETARY

No appearance for the appellants
Mr. Robert Kaierua for Respondent

7th August, 2009

DECISION OF PUBLIC SERVICE APPEALS BOARD

These three appeals all succeed on the same point.

The three appellants were dismissed because of persistent absence from work. The Chief Secretary wrote to each Appellant a letter of dismissal in which she set out the times of absence for which cautionary warnings had been issued.

However, Mr. Kaierua could not show the members of the Board that the letters of warning were ever received by the Appellants.

It is imperative that when letters of warning are issued the recipient either acknowledge receipt of the letter – an endorsement on a copy of the letter would be sufficient-or the person delivering the letter make an affidavit of service.

Neither was done in these cases. The Board has no option but to allow the appeals.

Appeals allowed.

Chairman

Member

Member