Fiji Airports ordered to reinstate, compensate trio

THE Employment Relations Tribunal of Fiji yesterday ruled Fiji Airports Ltd (FAL) had unlawfully terminated three air traffic controllers in 2019, ordering that they be reinstated and paid compensation.

Michael Cakau, Anthony Gonerogo and Makiti Raratabu were part of a group of 40 air traffic controllers who took leave and didn’t report to work from March 18, 2019 as they sought salary increases from FAL.

Employment Tribunal magistrate Indula Ratnayake ordered that FAL pay $27,250 to Mr Gonerogo, Mr Cakau be paid $25,000 and Mr Raratabu be paid $7245.

The three were terminated after they refused to go back to work.

Mr Cakau was the team leader air traffic management operations centre at the time and argued that his dismissal was unfair, unlawful and procedurally improper.

Anthony Gonerogo and Makiti Raratabu were air traffic controllers and also filed a case of grievance on the grounds that their terminations were unfair, unlawful and procedurally improper.

The Employment Tribunal has found there was no “procedural fairness” in terminating the three staff by using the FAL disciplinary, disputes and grievances policy and procedure 117.

Fiji Public Service Association (FPSA) general secretary Rajeshwar Singh told the tribunal this document lacked legal force because it didn’t contain the signature of an authorised agent of FAL.

“FAL did not submit a duly signed copy of policy 117 to this tribunal. In the circumstances, I am not satisfied that policy 117 is a validly executed document,” stated Mr Ratnayake.

FPSA argued the three officers also claimed the involvement of the FAL general manager air traffic management, Isei Tudreu, in their disciplinary case “unduly influenced the decision” of termination because he had a vested interest.

“A person carrying out the investigations should not be involved in the matter being investigated in anyway.”

The tribunal noted Mr Tudreu had compiled the investigation report, chaired the mitigation hearing and made representations to FAL staff committee.

“Mr Tudreu’s involvement with the ATCs (air traffic controllers) had the potential to affect his ability to maintain impartiality during investigation and mitigation hearing.”

Mr Ratyanake ruled it was not reasonable to dismiss the three staff.

“The decision of the employer to terminate the service of the griever is unlawful.”