NATION

Ministry Files Appeal Over Ruling on Court Jurisdiction

The Ministry of Education has filed an appeal against a ruling on the jurisdiction of the Employment Relations Court. The Court had ruled that it had jurisdiction to hear the
29 Sep 2018 13:10
Ministry Files Appeal Over  Ruling on Court Jurisdiction

The Ministry of Education has filed an appeal against a ruling on the jurisdiction of the Employment Relations Court.

The Court had ruled that it had jurisdiction to hear the Fiji Teachers Union (FTU) case on teachers’ employment grievances.

The FTU case over contracts and civil servants reforms was struck out because it was time barred.

The ministry had filed the appeal on the grounds that:

  • The learned Judge erred in law and in fact by misinterpreting the definition of the term “trade dispute” in holding that the pertinent words to the said term are “matters or disputes arising out of a collective bargaining” and in so doing determined that since the civil service reform did not involve any collective bargaining, fell short of the definition of a “trade dispute”; and
  • That the learned Judge erred in law and in fact in holding the plaintiff’s claims falls under the definition of “employment grievance” and is so doing held that the Employment Relations Court has jurisdiction to hear the same.

Edited by Epineri Vula

Feedback:  ashna.kumar@fijisun.com.fj

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