Lawyer representing PNG Power and its Board told the National Court today that while John Mangos has been terminated as the Executive Director, he remains as member of its board of directors.
Mangos was terminated on December 4, 2015.
His lawyer has since filed an application at the National Court seeking he remain on the PNG Power payroll as they says his termination was not on direction of the National Executive Council.
The matter returned to the Waigani National Court today where his lawyer, Mal Varitimos told the court his client was appointed by the NEC as the Executive Director of PPL and appointments of the NEC can only be revoked by the NEC itself.
Varitimos said his client is not seeking damages as he has an arguable case before the court.
PPL Lawyer Erik Andersen submitted the proceeding before the court should be dismissed as there are no serious issues to be tried.
He maintained that although Mangos has been terminated as the Executive Director of PPL he remains as a Director without any executive power to this day.
“Only thing is the termination of his employment,” Andersen said.
He said on Dec 30, 2015 Chairman of the PPL Board Larry Andagali explained by way of a letter to Mangos that there has been no attempt to remove him as a director on the PPL board.
Andersen submitted that under the PPL structure, there is no office of a person appointed to the position of “Executive” Director.
He said on April 23, 2015 Mangos was appointed to the Board of Director of PPL as per an NEC Gazette notice.
He added that on May 12, 2015 Mangos’ employment contract was signed between him and PPL to the position of Director of PPL that made his appointment
Andersen said the Board of PPL has the power to terminate an employee, however Varitimos said only the NEC has the power to appoint and revoke appointments.
Varitimos said following Mangos termination on Dec 4, he was given a one way ticket to Brisbane with all entitlements paid up to date.
However, there was no evidence provided before the Court from PPL to show from Mangos Termination letter that he can return to PNG and participate in future PPL Board meetings.
Mangos and PPL will return to court at the end of this month where Acting Judge Danjo Koeget will make his ruling.
Meanwhile, the orders of the Court on Jan 5 are extended.
On Jan 5, Mangos termination was temporarily stayed by the National Court. The court also granted the interim order for Mangos’ entitlements to be paid until the matter returns to Court.