Ex Tempore Decision  		

Title of Matter:	Labour Officer 	  
v
National Fire Authority of Fiji (NFA)
	
Section:	Section 8 Workmen’s Compensation Act 1964 
	
Subject:	Compensation in case of permanent partial incapacity 
	
Matter Number:	ERT WC Case No 60 of 2018 	

Appearances: 	
Ms R Kadavu, Labour Officer, on behalf of Amasa Naului 
Ms M Latianara, Legal Officer, NFA, for the Respondent 
	
Date of Hearing: 	Thursday 4 July 2019
	
Before:  	Mr Andrew J See, Resident Magistrate  
	
Date of Decision: 	4 July 2019 	

[1]	Having heard from Counsel for the Respondent, it appears clear that this is an application for enforcement of compensation purportedly made in accordance with Section 17 of the Workmen’s Compensation Act 1964. The problem for the Applicant, is that the claim has been commenced outside of the available six year window, of which there is no discretion for this Tribunal to extend such period.  

[2]	On that basis and for the reasons clarified in Labour Officer v Nirmala Holdings trading as Oceanview Hotel, the claim is made out of time. Counsel for the Labour Office has acknowledged that fact. 

[3]	This Tribunal has no jurisdiction to deal with the matter and it must be struck out on that basis. It is nevertheless noted, that the Worker had been employed with the Respondent Employer for 30 years. It is also noted that the occupational health and safety risks for firefighters are well known.  Only the Employer will know whether or not it has complied with its obligations to the Worker in this regard.

[4]	Whilst the Tribunal has no further work to do in this matter, it regardless, sees the circumstances that gave rise to the claim as warranting some consideration by the Employer.

[5]	 It is therefore recommended that the parties confer to see whether some outcome beneficial to the interests of all, can be achieved. There is no order to be made in relation to costs. 

           
Andrew J See
Resident Magistrate