The Fiji Employment Tribunal has ordered the Fiji Sugar Corporation to pay compensation to the descendants of a deceased employee in the sum of $39,241.59.

The matter was taken to the Tribunal by the Ministry of Labour on behalf of the deceased application, Kitione Nadaro, against the Fiji Sugar Corporation, in relations to compensation in fatal cases.

Resident Magistrate Andrew See delivered his judgment on October 23, 2019, after a two-day hearing where both parties called their witnesses to give evidence.

The application filed on July 3, 2018, claimed that on January 26, 2016, the deceased Mr Nadaro passed away due to a strangulated right inguinal hernia and small bowel obstruction. At the time of his demise, the worker had been engaged by the respondent (Fiji Sugar Corporation) as a welder offside, assisting in carrying out of welding and fabrication works.

FSC contested the application for compensation on the basis that it did not believe that the injury to the worker arose out of or in connection with his employment.

Resident Magistrate See said: “The Tribunal is satisfied that the accident must have occurred during the employment of the workman and it must have occurred while he was doing something which his employer could and did, expressly or by implication, employ him to do or order him to do, have been satisfied.”

He said the tribunal was of the view that FSC must pay the dependents of the deceased, the compensation amount of $36,834.72. An additional interest amount up to the time of this decision would be made, based on five per cent per annum and the amount is $2406.87.

The decision of the Tribunal was FSC pay compensation to the Ministry of Labour office on behalf of the dependents of Kitione Nadaro, the amount of $39,241.59 within 28 days.

Edited by Naisa Koroi

Feedback: ashna.kumar@fijisun.com.fj