Employment Relations Tribunal Has Jurisdiction To Hear Civil Servant Matters

Employment Relations Court Judge Justice Anjala Wati has ordered that the Employment Relations Tribunal has the jurisdiction to hear the matter involving civil servants.

This was after griever, Praneel Sanjay Dayal, who was employed as a teacher at the Ministry of Education, Heritage and Arts, and based at Tokainalo District School until June 25, 2018, was terminated for inflicting corporal punishment on students.

Dayal had reported an employment grievance against the ministry relating to his termination and in cause of the proceedings, the following questions of law emanated:

• Whether the Employment Relations Tribunal has jurisdiction to determine an employment grievance relating to dismissal executed by the Permanent Secretary for Education, Heritage and Arts in accordance with section 127 (7) of the Constitution of Fiji; and
• Whether it is mandatory to refer the disciplinary action instituted by the Permanent Secretary to the Public Service Disciplinary Tribunal under section 120 (9) of the Constitution of Fiji.

Both counsels had, in accordance with their agreement, agreed that this matter be heard by way of written submissions, filed and helpful submissions for determination of the questions of law. On the first question, Justice Wati said the Employment Relations Tribunal had the jurisdiction to hear an employment grievance brought by the employee.

On the second question, Justice Wati said the ministry had exercised its powers under section 33 of the Employment Relations Act to summarily dismiss an employee for breaching the law of not inflicting corporal punishment on a child.

She said in a case where the ministry decided to carry out summary dismissal, reference of the matter to the Public Service Disciplinary Tribunal was not mandatory.

“I find that the Employment Relations Tribunal has jurisdiction to hear this matter and that the employer was not bound to refer the matter to the Public Service Disciplinary Tribunal before dismissing the employee in this case Justice Wati said.

“I now direct the matter to be heard by the Employment Relations Tribunal forthwith.” She did not place any orders on costs against any parties in the matter.

Edited by Jonathan Bryce