The Employment Act (Chapter 373) is administered by the Department responsible for labour matters. Part II sets up the officers; Part XI gives them their powers.
Section 8 — the authorised officers
(a) officers to be labour officers; and
(b) with the approval of the Secretary for Health — medical practitioners registered under the Medical Registration Act to be medical officers, and medical aids, medical assistants and health extension officers of the Public Service to be medical assistants.
Every one of them must be furnished with a certificate of appointment signed by the Secretary (s 8(2)). You are entitled to ask to see it. Section 7 allows the Secretary to delegate all or any powers and functions under the Act — except the power of delegation itself.
Section 142 — powers of entry and inspection
| Place | When | Notice |
|---|---|---|
| Industrial work place where work is in progress | At all reasonable times, day or night | None required |
| Places where employees are employed or housed | By day | None required |
Once inside, an authorised officer may inspect the sanitary arrangements, take samples of the water supply, check the supply of medicines, and inspect kitchens and food stores — matters that go to Parts VIII and IX on housing, rations and medical treatment.
An authorised officer may not enter a mine unless accompanied by an inspector or mining engineer appointed under the Mining Act 1992.
And an authorised officer may not enter a private dwelling house without the occupier’s consent or other lawful authority.
Sections 137 and 140 — co-operating with an officer
Section 140 makes it an offence, with a penalty of a fine not exceeding K300.00, to hinder or obstruct an authorised officer, to use abusive language or threaten one, to assault one, to impersonate one, to falsely purport to be engaged in the administration of the Act, to refuse a reasonable direction, or to prevent a person appearing before or being questioned by an officer.
Section 137 separately makes it an offence (fine not exceeding K200.00) to refuse or fail to answer questions or produce books required under the Act, to disobey a lawful order, or to knowingly make a false entry or unauthorised alteration or erasure in books required to be kept. Section 137(2) excludes a refusal by an employee to comply with an order given by an employer in his capacity as employer.
An employer who refuses to supply information reasonably required by an employee about his employment under this Act or the Industrial Relations Act, or who penalises an employee or accompanying dependants for asking, is guilty of an offence — a fine not exceeding K200.00.
The anti-retaliation limb in paragraph (b) is the useful part. Put the request in writing and keep a copy.
Section 145 — who brings proceedings
(a) institute proceedings for a breach of the Act;
(b) appear in those proceedings; and
(c) appear on behalf of an employee in any civil proceedings brought by that employee arising out of or in the course of the employment.
Paragraph (c) is not widely used and deserves to be. An employee bringing a claim for unpaid wages or unlawful termination may ask the Department to appear on their behalf. It is worth a written request to the Secretary alongside any complaint.
Section 149 — equity and good conscience
In determining any question under this Act, other than in a criminal proceeding, a court (the National Court or a District Court) shall be guided by equity and good conscience and is not bound by the rules of evidence and legal procedure.
This materially lowers the barrier for an unrepresented worker. Records, notes, photographs of a roster board, and oral accounts may be received where strict rules of evidence would exclude them. It does not apply to a prosecution (s 149(4)).
Section 146 — the State may pay, then recover
The State may incur expense on account of an employer for anything the employer is liable for under the Act — repatriation, medical treatment, rations. The expenditure is then a debt due to the State and, subject to section 93(1) (the priority of wages) but notwithstanding any other law, a first charge on the real and personal estate of the employer — and, if the employer is adjudicated insolvent, a first charge on the property divisible among creditors.
A labour officer’s certificate that the account is true and correct is prima facie evidence of the debt (s 146(3)).
Sections 147, 148 and 148A — what must be displayed and kept
- Section 147 — the employer shall display prominently at each place of employment or housing all notices approved or made available by the Secretary on employment conditions, safety, health and welfare, and other approved matters.
- Section 148 — books, pamphlets and other approved articles must be kept at each place of employment or housing and made available to an employee at all reasonable times.
- Section 148A — a copy of the Act, the regulation and all amendments must be kept by the employer at each place where five or more employees work, and made available for examination on request.
An employer may appoint a full-time employee, by written notice to the Secretary, to perform its functions under the Act — but not any function specifically imposed on the actual employer. The appointee is deemed to be the employer for those functions, and it is a defence for the appointee to prove that, within the resources made available and the authority vested in him, he took all reasonable steps to ensure compliance.
Critically, section 150(3) provides that this does not relieve the employer of its own duties or responsibilities, civil or criminal. Appointing a site manager does not transfer liability away from the company.
Making a complaint
- Ask the employer in writing first — section 138 makes refusal an offence.
- Gather documents — contract or section 15 record, pay statements, roster, and your own dated notes.
- Contact a labour officer at the provincial labour office and ask for the officer’s name and certificate of appointment.
- Ask the Secretary to consider section 145(a) proceedings, and, if you are suing, section 145(c) appearance on your behalf.
- Consider the industrial route under the Industrial Relations Act where a union or a collective issue is involved.
- Get advice — the Public Solicitor, or a firm from the law firms directory.
Sources
- Employment Act (Chapter 373) — ss 7, 8, 93, 137, 138, 140, 142–150; Parts II, X and XI
- Industrial Relations Act — PacLII 1986 Revised Edition
- Mining Act 1992
- Porgera Joint Venture v Kami [2010] PGSC 11; SC1060
- Sarathy v PNG Power Ltd [2021] PGNC 681; N10316
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.