Court sets November hearing for Sayed-Khaiyum’s FBC lawsuit

The High Court in Suva has set November 16 to 20 for the hearing of a lawsuit brought by former Fijian Broadcasting Corporation (FBC) chief executive officer Riyaz Sayed-Khaiyum against the company over his alleged unlawful termination.

Both parties appeared before Justice Thushara Rajasinghe today.

In the application, Sayed-Khaiyum argues that FBC wrongfully terminated his employment shortly after a new board was appointed, without providing valid reasons or following fair procedures.

He is seeking compensation for lost income, contractual benefits, reputational damage, interest and legal costs.

Sayed-Khaiyum claims he had worked for FBC since 2007 and entered into a new three-year CEO employment contract on December 2, 2022, effective from December 20.

His annual salary was approximately $326,172.80, together with benefits including Fiji National Provident Fund (FNPF) contributions, a housing allowance, vehicle benefits, medical insurance, leave entitlements and other allowances.

Following the 2022 General Election and the appointment of a new FBC Board, he was dismissed on January 30, 2023, just over a month into the new contract.

He claims he was given one month’s salary in lieu of notice but was not provided with reasons for his dismissal.

He maintains his dismissal was not based on poor performance, misconduct or disciplinary issues, but because the new Board no longer wanted him as CEO.

Sayed-Khaiyum argues that FBC violated principles reflected in the Termination of Employment Convention 1982 (ILO Convention No. 158), which requires valid reasons for termination.

He also claims his dismissal caused reputational damage through public statements allegedly made by the Board chairman after his termination.

Damages sought

Sayed-Khaiyum is seeking:

• damages for lost earnings from January 30, 2023, to January 30, 2026, covering the remaining term of his contract;
• damages for loss of contractual benefits and allowances, including FNPF, housing and vehicle benefits;
• general damages for loss of dignity and reputational harm;
• interest on damages awarded;
• legal costs on an indemnity basis; and
• any other relief the court considers just and equitable.

FBC response

FBC maintains that the termination was lawful and in line with the contractual provisions.

The company argues that Clause 9.1.1 of Sayed-Khaiyum’s contract permitted termination by either giving three months’ written notice or paying one month’s base salary in lieu of notice.

FBC also maintains that Sayed-Khaiyum should have sought alternative employment after his dismissal and has called for strict proof of any alleged damages.

The company disputes claims that it acted in bad faith or unlawfully and is seeking dismissal of the lawsuit, with costs against Sayed-Khaiyum on an indemnity basis.

The court is expected to hear seven witnesses, comprising three witnesses for Sayed-Khaiyum and four for FBC.

Both parties will return to court for the hearing from November 16 to 20.