Negotiation to reinstate not a constitutional issue — FASA
THE recent tirade by FijiFirst general secretary Aiyaz SayedKhaiyum is misleading and fundamentally incorrect in law, says Federated Airlines Staff Association (FASA) president Semisi Turagabaleti.
“The issue of reinstatement and or negotiation to reinstate is not a constitutional issue rather is contractual depended on the consensus of the relevant party’s that is FASA and ATS (Air Terminal Services),” he said.
“No provisions of the Constitution nor any judgment of the courts are being infringed by FASA nor ATS.
“The cause of FASA and its members who are aggrieved by the decision of ATS in the year 2020 is before the tribunal.
“No determination has been reached on the lawfulness or unlawfulness of the termination.”
He said unlike any dispute, parties were free to engage in alternative dispute resolutions or settlements.
“FASA appreciates the Government initiative to take the first step on this process.
“FASA is concerned that Aiyaz Sayed-Kaiyum, being the former attorney-general has a fundamental misunderstanding of the issue and it unbecoming and downright irresponsible to give such misleading account of what transpired.
“FASA calls on him to correct his statement and apologise to our members for causing them harm.
“It is quite clear his statement was to undermine our members’ rights and the legal process.
“In fact the tribunal has stated in its ruling of 30 May, 2022 that the ATS workers contract under the collective agreement is valid and enforceable and therefore ATS does not have the right to terminate this Collective Agreement.”
He said FASA and its members remained united.
“It will continue to pursue its interest and hope to reach an amicable solution with the ATS management. It supports the Governments effort in this regard.”