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Fiji Islands - Court of Appeal Digest 1991-2000 - Employment |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Board of Fire Commissioners of Suva v Fiji Public Service Assn.
EMPLOYMENT
Suva Fire Brigade Act (Cap. 129)- reduction of salaries following military coups d'etat- whether frustration of contract- whether declaration an appropriate remedy- appeal dismissed.
80/91
94/121
Diners Club (NZ) Ltd v. Prem Narayan
EMPLOYMENT
Wrongful dismissal - no statutory protection in Fiji against arbitrary or unjustified dismissal - rights depend on termination clause in contract of employment – appeal allowed.
4/96
97/573
Director of Agriculture v Naresh Chand
EMPLOYMENT
Wrongful dismissal- breach of contract-no additional damages for injury to feeling caused by sudden termination of employment- appeal allowed.
9/93
93/329
Fiji Airline Pilots Association v The PS for Labour & Industrial Relations
EMPLOYMENT
Log of claims- whether a collective agreement permitted the employer to submit its own log of claims or cross claim- whether unsettled items of the company's claim could amount to a trade dispute- matters to be considered at grant of leave stage of application for J.R. - need to avoid embarking on full hearing of the merits.
59/97
98/93
Fiji Bank Employees Union v Arbitration Tribunal
EMPLOYMENT
Trade Dispute- dismissal of bank employee-functions of Arbitration Tribunal- relevance of rules of natural justice- appeal dismissed.
17/93
94/312
Fiji National Provident Fund v Fiji Mocambo Ltd
EMPLOYMENT
Fiji National Provident Fund Act (Cap 219)-members of a band performing at a resort hotel not employees of the hotel and therefore hotel not liable to make FNPF contribution on their behalf.
24/90
92/209
Fiji Public Service Assn. v Registrar of Trade Unions & Fiji P&T Employees Assn.
EMPLOYMENT
Registrar of Trade Unions- competing applications for registration- need to give reasons for decisions-Trade Unions Act (Cap.96) Sections 8,11 & 13(1) (c).
7/93
94/63
FSC v. Fiji Sugar General Workers Union
EMPLOYMENT
Sugar Industry Act (Cap 206), Section 98- declaration by High Court that Tribunal erred in declaring strike illegal upheld - declaration of legality reversed.
13/96
97/388
Fiji Sugar Corporation Ltd v Labour Officer
EMPLOYMENT
Workmen’s Compensation Act (Cap. 94) S.6- whether injury occurred in the course of employment - appeal dismissed.
20/95
96/215
Fiji Sugar Corporation Ltd v Sugar Milling Staff Association
EMPLOYMENT
Wrongful dismissal- High Court varying amount of compensation awarded by Sugar Industry Tribunal-no error of law on part of Tribunal-Appeal allowed.
60/92
92/260
Fijian Affairs Board v Kolinio Buiboto Matalau
EMPLOYMENT
Fijian Affairs Act (Cap.120)-resignation as Roko- whether Permanent Secretary had power to accept- Standing Orders -appointment of Roko – delegation of power -declaration of High Court varied-appeal dismissed.
53/92
93/332
Manunivavalagi Dalituicama Korovulavula v Public Service Commission
EMPLOYMENT
Termination of appointment by PSC and by the Ministry - whether termination of appointment under State prerogative reviewable by the Courts- whether contract law applicable - PSC's decision to exercise rights to terminate employment not made in accord with purposes of statute for the public good- declaration granted.
6/94
94/415
NLTB Employees Association v NLTB
EMPLOYMENT
Application for stay of redundancies pending appeal - whether NLTB's redundancy process authorised- whether Public Enterprise Act 1996 relevant- application dismissed.
28/98
98/302
Prem Narayan v Westpac Banking Corporation
EMPLOYMENT
Wrongful dismissal - no error of law by judge- appeal dismissed.
1/96
96/507
Public Employees Union v The University of the South Pacific & Anr
EMPLOYMENT
Alleged wrongful dismissal - Trade Dispute Act (Cap.97) - whether subject to Arbitration Act (Cap.38) - whether RHC 0.73 applies – appeal dismissed.
65/92
94/186
Ram Prasad v.
EMPLOYMENT
Alleged wrongful dismissal- civil servant- whether The Attorney-General there was a contractual relationship between the parties- whether proceedings may be commenced by writ or whether judicial review the only remedy-appeal dismissed.
58/97
99/343
South Pacific Recording Ltd v. Yates
EMPLOYMENT
Wrongful dismissal – appropriate length of notice-holiday pay - FNPF contributions - proper rate of interest on damages - costs - award of gross sum in lieu of taxation appropriate - RHC O62 r 9(4)(a).
39/96
97/483
The Minister for Labour & Industrial Relations & Anr v Fiji Bank Employees Union
EMPLOYMENT
Trade dispute- secret ballot prior to strike declared null- strike declared unlawful- declarations quashed by High Court- whether registrar validly appointed-whether Minister entitled to declare strike unlawful.
10/95
98/124
© Michael Dishington Scott 2000
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