Employer’S Obligation
p. 18 · Read in the full issue
Fare South: The
A Papua-New Guinea Em
ployer, under engagement to pay the return fare of a time expired servant, is not bound to pay the cash equivalent to the ser vant, if the latter elects to remain in the Territory, instead of return.
This decision, of considerable in terest to employers, was given on an appeal, by Mr. Justice Kelly in the Supreme Court in Port Moresby on September 28.
Messrs. John Stubbs and Sons had engaged a carpenter named Hagen, and undertook to pay his fare back to Australia. Hagen, after 12 months, left the job, to join another staff. He demanded £36, in cash, the amount of the fare. Messrs. Stubbs booked a passage for Hagen, if he wanted to go South; but would not pay the cash to Hagen.
Hagen sued the firm, and the District Court gave judgment in his favour. The firm appealed, and the Supreme Court ruled that, so long as the employer was prepared to pay for the passage, in the event of the ex-employee travelling South, it had fulfilled its obligation.