Judge advises lawyer to serve notice of appeal to former FTA general-secretary
Fijian Teachers Association lawyer Simione Valenitabua was advised by High Court judge Justice Anjala Wati yesterday to serve former FTA General Secretary Joji Nakaora with a notice of appeal. Mr Valenitabua appeared in Court for first call of an appeal filed against the decision of the Fiji Employment Tribunal in favour of Mr Nakaora.
On March 26, 2018, the tribunal ruled that Mr Nakaora had been unjustifiably and unfairly dismissed by FTA on October 18, 2016.
FTA was ordered to pay compensation of $38,333.86 to Mr Nakaora within 28 days including costs in the sum of $4000.
The reasons for Mr Nakaora’s dismissal were set out within a letter addressed to him on October 15, 2016, that provided two grounds as justification for his termination.
They were detailed as misappropriation of funds, abuse of office and dishonesty and insubordination and conflict of interest.
At the outset of the proceedings before the tribunal, both parties were encouraged to submit to a ‘without prejudice’ mediation process, in an attempt to resolve grievances in a far more cost effective and expeditious fashion. However, despite some encouraging signs, the matter was unable to be resolved and the application for remedy was ultimately heard before Magistrate Andrew See over more than five days.
Fiji Trades Union Congress National Secretary Felix Anthony was trial counsel for Mr Nakaora.
During yesterday’s proceeding, Justice Wati told Mr Valenitabua to serve Mr Nakaora with the affidavit of service to consist of a covering letter and a copy of the notice of appeal so that Mr Nakaora could instruct his counsel of choice accordingly.
The case will be called again on August 29, 2018 for service and Court records.