Cawaki loses challenge against dismissal

The High Court in Suva has rejected former Maritime Safety Authority of Fiji (MSAF) chief executive officer Joeli Cawaki's challenge to his dismissal.

It ruled that the Board of Directors acted within its powers and did not breach the principles of natural justice.

Mr Cawaki was terminated last December after being suspended pending an investigation by the MSAF Board.

In his application, Mr Cawaki named the MSAF Board of Directors, Minister for Transport Ro Filipe Tuisawau, Minister for Public Enterprises Charan Jeath Singh and the Attorney-General as respondents.

Cawaki's challenge

Mr Cawaki argued that his dismissal was carried out without a proper inquiry or reconsideration and breached the principles of natural justice.

He claimed he was not provided with evidence supporting his dismissal, was not interviewed and was denied an opportunity to defend himself.

Mr Cawaki also argued that the MSAF Board did not have the authority to dismiss him and that the Minister for Transport should have been involved in the decision-making process.

He further claimed the process was illogical, unfair and lacked proper justification.

However, after reviewing the evidence, the court found that the MSAF Board had the legal authority to terminate his employment and that Mr Cawaki's interpretation of the law was incorrect.

High Court judge Justice Savenaca Banuve said the law had been followed and that the Minister had been consulted as required.

Justice Banuve also found that Mr Cawaki was aware of the allegations against him and had responded to them before a formal investigation was conducted.

As a result, the court ruled that the principles of natural justice had not been breached.

The court held that Mr Cawaki's claims regarding authority and procedure were based on a misinterpretation of the law.

The court also dismissed an application by the MSAF Board and the Minister for Transport seeking a stay of proceedings in relation to Mr Cawaki's application.

Mr Cawaki has been ordered to pay costs of $750 to each respondent within 20 days.