Crime & Court

Employment Relations Court To Rule On ATS Workers’ Case Next Week

Mr Sharma told the court that the ultimate relief for those with terminated contracts was employment grievance because that was the right forum.
02 Jul 2020 12:23
Employment Relations Court To Rule On ATS Workers’ Case Next Week
From left: ATS Human Resources manager Richard Donaldson with lawyer Devanesh Sharma at the Employment Court in Lautoka on July 1, 2020. Photo: Salote Qalubau

The Employment Relations Court in Lautoka yesterday heard the case of the 285 employees terminated by the Air Terminal Services (Fiji) Ltd (ATS).

Federated Airlines Staff Association (FASA) is challenging the dismissal by ATS.

Justice Mohamed Javed Mansoor presided over the matter. Representing FASA was Niveen Padarath while Devanesh Sharma represented ATS.

In Mr Padarath’s submission, he told the court that based on Division two of the Employment Relations Act Section 41, the contract may be determined and not terminated.

Mr Sharma told the court that the ultimate relief for those with terminated contracts was employment grievance because that was the right forum. He informed court that Mr Padarath had filed a summon yesterday and now sought to amend it and include another ground.

The court heard that this was why Mr Sharma had not served Mr Padarath with a response.

Mr Padarath submitted that the terminations be withdrawn and an injunction order be granted to stop the process of termination.

The court heard that the issue of both the summons could be addressed in the written submissions.

Justice Mansoor said he would not make any orders, however, he would make a ruling next week after both parties responded to affidavits which they were to file.

Edited by Ivamere Nataro

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