Air Terminal Services And Association Argue Case Of Termination

The case of Federated Airline Staff Association (FASA) against Air Terminal Services (ATS) was called before Justice Mohammed Javed Mansoor yesterday.

The hearing was on a substantive matter - an Originating Summons filed by FASA lawyers Niveen Padarath and Mark Anthony.

The summons filed on June 30 seeks a determination on the following questions of law:

1. Whether the recent amendment passed under the Employment Relations (Amendment) Act to Section 24 of the Employment Relations Act 2007 gives a right to an employer to terminate a collective agreement and/or member of a part to a collective agreement

2. Whether an employer can rely on Section 41 of the Employment Relations Act 2007elect to terminate an employee who is a member of a Union which is a party to a collective agreement

3. Whether the doctrine of Frustration and/or the statutory exception of act of God as provided for under the Employment Relations Act 2007 apply to a collective agreement

4. Whether Section 24, Section 41, and doctrine of Frustration and/or statutory exception of act of God is available to the defendant to terminate the collective agreement in the circumstances and particularly when they have advertised for all the position purportedly terminated in the Fiji Sun dated June 27, 2020, being within eight days of the purported termination

ATS was represented by Devanesh Sharma, Gul Fatima and Sharoneel Deo from R Patel Lawyers.

The case is involving 595 members of FASA and their termination of employment from ATS. The terminations were on the basis that the employer (ATS) could not provide work as it had suffered a 95 per cent reduction in work due to the COVID-19 pandemic. Justice Mansoor will deliver his judgement on Notice.

Feedback: ashna.kumar@fijisun.com.fj