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 Çourt 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.

Mr Justice Warwick Andrew on December 15 announced the entitlement that was due to the plaintiff. He reminded the court that the remedy for the grievance of an employee who has been wrongfully dismissed is an action for damages.

He announced that the damage for loss of earnings on the basis of substituted employment for the period of July 29, 1999 to August 8, 2000, and damages are assessed of his salary as of August 8, 2000. In summary the loss of salary from August 8, 2000 to December 15, 2007 at 10% totalled to $38,708 pa'anga.

Pension entitlement

The court also ruled the Commission had a pension scheme at the time under which an employee was entitled to a pension upon reaching 50 years old.

Justice Warwick said the plaintiff's salary on August 8, 2000 was $28,680. Since starting his employment in 1971 meant he completed 15 years in 1986 entitling him to a lifetime pension entitlement of $13,862 per annum.

He therefore ruled the plaintiff's pension entitlement from August 8, 2000 to December 14, 2007 at 10% interest totalled $112,138 pa'anga.

He then ruled that the total amount owing to the plaintiff to date was $150,846 pa'anga.