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Beachcomber Island Resort Ordered To Pay Compensation To Ex-Employee

High Court judge Justice Anjala Wati on Thursday ordered Beachcomber Island Resort to pay eight months’ worth of salary in compensation in the sum of $11,660 to former Reservation Consultant
23 Jun 2018 11:04
Beachcomber Island Resort Ordered To Pay Compensation To Ex-Employee

High Court judge Justice Anjala Wati on Thursday ordered Beachcomber Island Resort to pay eight months’ worth of salary in compensation in the sum of $11,660 to former Reservation Consultant Renuka Devi Narayan.

The sum was calculated as $10,660 for her salary and $1000 for the hurt and humiliation that arose out of her dismissal.

Further, the resort was ordered to pay $350 in costs to Ms Narayan.

She was represented by lawyer Damodaran Nair who stat­ed in Court that he was doing the case on a pro-bono basis.

Justice Wati instructed Mr Nair to send a letter to the Court if the resort does not comply with the orders.

Ms Narayan was dismissed in her employment by a letter issued by the resort on January 18, 2017.

The thrust of the dismissal letter was that the resort con­strued that Ms Narayan had acted dishonestly by failing to remain at work to cover the shift of another employee and sought to give the impression otherwise that she had worked until the required finishing time of 7pm.

In a ruling delivered on January 19, 2018, the Fiji Employ­ment Tribunal found that Ms Narayan was not being dishon­est in her dealings with the company.

The ruling of the tribunal acknowledged that while Ms Narayan sought to mitigate her loss, the fact remained that she was unable to pursue employment within the tourism and hospitality industry, where some ‘cloud’ remained over her suitability, based on a now sullied employment record.

Magistrate Andrew See said in his ruling, “if this is the pathway that is required for employees to pursue in such cases, in order to set the record straight, then this unfortu­nately is what needs to be done.”

He said Ms Narayan had been unjustifiably dismissed and in some respects, there was also an element of unfairness in the manner in which the dismissal decision was executed.

The order given by Justice Wati on Thursday, was for the resort to comply with the decision of the tribunal.

Edited by Jonathan Bryce

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