No injunction order

THE High Court in Suva has refused to grant an injunction order to stop the Ministry of Education from proceeding with a regularisation process that was aimed at confirming teachers who held acting positions for more than six months.

The Fiji Teachers Union (FTU) had sought the court’s intervention, claiming the regularisation process was unlawful.

“The plaintiff (FTU) contends that the memorandum regularising acting appointments is in breach of the Constitution as well as contrary to certain other legislative provisions and agreements,” said Justice Dane Tuiqereqere in his ruling.

“The features of the regularisation process that affronts the FTU is that the regularisation process allegedly does not appoint officers on merit and is anti-competitive.

“At a base level, the FTU takes exception to the lack of consultation with it or with the Fiji Teachers Association before the permanent secretary decided to implement the process.

“The defendants argue that the plaintiff has brought this proceeding against the wrong party. They say it should have been brought against the permanent secretary for PSC who was, in fact, responsible for the regularisation process.

“The circular from the permanent secretary for PSC dated 18 January 2024 is no more than a policy. The ultimate authority on whether to implement the recruitment policy lies with the permanent secretary of each ministry. I am satisfied that the plaintiff has brought this claim against the correct party.

“I conclude that there is a serious question to be tried.

“It is worth pointing out that if the FTU succeeds on its substantive claim and obtains a declaration that the regularization process is unlawful this will, no doubt, have the impact that the FTU desires.”