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Malsungai v Vanuatu Broadcasting and Television Corporation [2019] VUCA 31; Civil Appeal Case 586 of 2019 (10 May 2019)

IN THE COURT OF APPEAL OF Civil Appeal
THE REPUBLIC OF VANUATU Case No. 19/586 CoA/CIVA

BETWEEN: Antoine Malsungai
First Appellant

Yvette Tevear
Second Appellant

AND: Vanuatu Broadcasting and Television Corporation

Respondent

Date: 7^th May 2019
Date of Decision: 10^th May 2019

Before: Justice J. von Doussa

Justice R. Young

Justice O. Saksak

Justice D. Fatiaki

Justice G.A. Andrée Wiltens

Justice S. Felix

Counsel: Mr A.I. Kalsakau for the Appellants (absent)

Mr M. Hurley for the Respondent

MINUTE

1. Introduction
   

1. Following a continuing dispute between management and staff at Vanuatu Broadcasting and Television Corporation (“VBTC”) two members of staff were suspended and later dismissed. They brought an action for wrongful dismissal, but lost in the Supreme Court. They now appeal to this Court on the basis that their dismissals were prompted by the fact they were leading figures in the union, and their dismissals were retaliation for their union activity, contrary to the existing Collective Bargaining Agreement and legally unjustified.
   
2. There had been disagreement between counsel regarding whether leave to appeal out of time was appropriate or not. In the end, it transpired that the appeal was filed on 30 October 2018 only some 7 days late, and the further delay has arisen in the Registry. In those circumstances, Mr Hurley no longer opposed, and we accordingly grant leave to appeal out of time by consent.
   
3. An Appeal Book has been filed, but no submissions by Mr Kalsakau - despite timetabling directions and an appearance at the call-over. Mr Hurley advised he had been promised submissions by Friday last week, but it appears Mr Kalsakau may have taken to his sick bed. It has not been possible to contact him this morning – even his client Mr Malsungai had no success.
   
4. In the circumstances, this appeal is adjourned to the July session. Mr Hurley was content for that, subject to the matter being ready and being heard in that session, in default of which he indicated an application to strike out would be made.
   

Dated at Port Vila this 10^th day of May 2019

BY THE COURT

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Justice J. von Doussa