Former MSAF chief challenges dismissal

Former Maritime Safety Authority of Fiji (MSAF) chief executive officer Joweli Cawaki has applied for leave to pursue a judicial review of his dismissal by the MSAF Board of Directors and the Attorney-General’s Office last year.

The matter was called for the first time yesterday before High Court Judge Justice Savenaca Banuve in Suva. Mr Cawaki was represented by lawyer Jagath Karunaratne.

Mr Cawaki was suspended last year pending an investigation into the Goundar Shipping Fastferry Captain Inoke incident, before his employment was later terminated.

In his application, Mr Cawaki claims his dismissal was carried out without a proper inquiry or reconsideration and did not comply with the principles of natural justice.

Mr Karunaratne told the court there were unresolved issues surrounding his client’s termination, including whether the MSAF Board had the authority to dismiss him.

He argued that Mr Cawaki reported to the Minister for Public Works, Meteorological Services and Transport, Ro Filipe Tuisawau, while the board itself was appointed by the Ministry of Public Enterprises.

Mr Karunaratne submitted that the board failed to follow proper termination procedures and that his client was not given a fair opportunity to be heard.

The relief sought includes orders to quash the termination, declarations that the decision was unlawful, unreasonable, unfair and contrary to the principles of natural justice, and a writ of mandamus directing the respondents to act lawfully under the MSAF Act 2009, including reinstating Mr Cawaki.

Mr Cawaki is also seeking special and general damages, exemplary and/or aggravated damages, interest, and costs on a solicitor-client indemnity basis.

Mr Karunaratne added that his client was not provided with reasons for his termination despite requesting them.

The High Court has set March 13 to hear the leave application. If leave is granted, the matter will proceed to a substantive hearing.