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TLTB To Pay Ex-Employee Retirement Benefits

TLTB To Pay Ex-Employee Retirement Benefits
August 29
12:24 2018

The Employment Relations Tribunal has ordered the iTaukei Lands Trust Board to pay its retired former employee, Inia Qoli, his retirement benefit under his employment contract that existed when he was still employed.

The ruling by Chief Tribunal Sainivalati Kuruduadua highlights that even a person who is terminated is still entitled to be paid benefits that existed in their employment contract, even after dismissal.

In his ruling Mr Kuruduadua ordered TLTB to pay Mr Qoli pursuant to section 30 (1) of the Employment Relations Promulgation 2007.

Mr Qoli was dismissed by TLTB and brought his case to the tribunal, which on June 10, 2015 ordered that he be reinstated to his former position with no loss in wages and other benefits.

The TLTB Board appealed the tribunal’s decision stating that the payment exceeded the tribunal’s jurisdiction. This was denied by the Tribunal which stated Mr Qoli’s claim to his retirement was valid as it was an entitlement within his employment contact with TLTB.

Mr Qoli filed an affidavit supporting his notice of motion for TLTB to pay his retirement benefit as stated in their letter dated November 6, 2015.

He also stated that the appeal matter by the Board before the Employment Court does not give TLTB any authority to withhold the retirement benefit, which was payable under his contract.

Mr Qoli was represented by employment lawyer Damodaran Nair.


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1 Comment

  1. Faranisese Raicebe
    Faranisese Raicebe August 31, 10:17

    This incident clearly shows the importance of the role of a Human Resource Manager! Sadly, in this case, the TLTB HR Manager clearly shows his/her lack of knowledge in the ERA 2007 as the HR manager should also be giving legal advice to the senior management team of TLTB.

    An excellent case study for students who are taking MG302 – Human Resource Management at USP.

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