Court says reinstatement ruling by tribunal wrong

THE Employment Relations Court has ruled the Fiji Sugar Corporation doesn’t have to reinstate its former procurement manager Pranil Dutt.

This overturns a decision made in October 2019 by the Employment Relations Tribunal which said that Mr Dutt’s removal from the position was unfair and unlawful and ordered that FSC reinstate him.

The tribunal had stated that if FSC didn’t want to renew Mr Dutt’s contract, it should have clearly advised the worker prior to sending him on forced leave and on that premise, the tribunal concluded that non-renewal of the contract was unfair and unlawful.

“In the employment grievance made to mediation services, the respondent (Mr Dutt) says the employer made verbal allegations against him and decided to terminate his services,” said Justice Javed Mansoor in his January 24 ruling.

“The respondent’s evidence does not show that the employer (FSC) made any serious allegation of impropriety. This is shown by his interactions with the chief executive officer and the human resource manager.

“His employment was not terminated. However, the respondent’s contract was not renewed on expiry, after giving him notice of non-renewal.”

Justice Mansoor said the court agreed with FSC’s contention that Mr Dutt could not have a legitimate expectation to the renewal of his employment contract.

“After the worker’s contract expired, there was no mutual agreement to renew the contract. The extension of the contract over a short period for the purpose of a review gave the worker no rights or expectation,” Justice Mansoor’s ruling stated.

“The tribunal does not say the basis on which the principle of legitimate expectation has been applied to the present case, within the sphere of a private contract between the appellant (FSC) and the respondent (Mr Dutt).

The extension of the contract over a short period for the purpose of a review gave the worker no rights or expectation

– Justice Javed Mansoor