Justice Derek Woods at the Waigani National Court on Tuesday afternoon refused Ok Tedi Mining Limiteds attempt to stop former employee Susan Joseph from using the media to make statements about her separation of employment with the company.
The company had gone to seeking the injunctive relief alleging Ms Jospeh's statements made in the mainstream and social media were defamatory and had tarnished its reputation.
Ok Tedi Mining Company through its lawyer told the court the allegations by Ms Joseph were made through news broadcast on NBC and published by the Sunday Bulletin weekly newspaper were false and defamatory.
Ms Joseph a former supervisor with the assets protection department at Ok Tedi Mine had gone to the media saying she was sexually assaulted in 2022 and she continued reporting the matter internally and going as far as the Managing Director and CEO but received no attention.
She began with writing a letter to the HR Manager then seeking redress and she raised the issue four times within the company.
Ms Joseph appeared in court for the first time representing herself.
"I had exhausted all means internally, " Ms Joseph told the court.
"I needed help and the media was there for me."
She said she was issued a letter to be made redundant by the same person who sexually harassed her.
Justice Woods has assured Ms Joseph she has the right to be heard.
The Ok Tedi Mining company has told the court Ms Joseph was made redundant because of company restructure and not because of sexual harassment issues she raised.
Ms Joseph was made redundant on January 15, 2024.
Justice Woods ruled that the balance of convenience does not favour Ok Tedi Mining Limited to stop Ms Joseph from using the media.
An important point Woods noted was the pleading for damages by the company's executive about the damage the company has suffered was not sealed.
He said he was not satisfied.
The lawyer did admit it was an oversight.
However the company is at liberty to file for a new relief for damages.
Justice Woods has refused Ok Tedi Mining Company's injunctive relief but referred the matter for mediation through the alternate dispute resolution.
Meanwhile Ms Joseph has been instructed to find a lawyer to represent her.
Justice Woods has just cautioned her to slow down on using the social media which ultimately attracts various comments.
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