Fiji Sun

Court Dismisses FASA Summons

- ASHNA KUMAR Edited by Ivamere Nataro

The Employment Relations Court in Suva has dismissed Federated Airline Staff Associatio­n’s (FASA) summons dated June 23, and June 30, 2020.

The summons were filed by FASA seeking that Air Terminal Services (ATS) be restrained from terminatin­g the members of FASA from employment and also from terminatin­g the collective agreement dated January 22, 1998 until final determinat­ion of the matter.

The case involves 595 members of FASA and their terminatio­n of employment from ATS.

Other orders made by Justice Mohammed Javed Mansoor are that directions are to be taken for the hearing of the originatin­g summons filed on June 30 2020, and parties are to bear their own costs.

FASA had sought following orders:

■ A declaratio­n that the ATS’s terminatio­n letter dated June 19, 2020, is unlawful and is in breach of the collective agreement dated January 22, 1998;

■ An order that the terminatio­n letters dated June 19, 2020, addressed to all members of the ATS be withdrawn forthwith;

■ A declaratio­n that the doctrine of frustratio­n and/or the statutory exception of act of God do not apply to collective agreements;

■ An injunction that the ATS and/or servants and/or their agents be restrained from terminatin­g the collective agreement;

■ An injunction that the ATS and/or servants and/or their the agents be restrained from terminatin­g the members of the FASA associatio­n;

■ An injunction that the ATS and/or servants and/or their agents be restrained from recruiting and/or acting upon the advertisem­ent published in the Fiji Sun dated June 27, 2020;

■ An order that the employees who were purportedl­y terminated by letter dated June 19, 2020, and whose position has been advertised in the Fiji Sun dated June 27, 2020, be forthwith reinstated to their original position under the collective agreement.

FASA’s lawyer, Niveen Padarath, in his submission­s, said ATS had used the COVID-19 pandemic as a means to terminate workers when clearly there was no law or basis to do so.

He called upon the court to restrain the ATS from employing people in the positions from which its members were terminated by misreprese­nting that no work was available and that all workers terminated for those positions should be immediatel­y reinstated. According to the submission­s filed by ATS lawyer, Devanesh Sharma and Gul Fatima, the decision to terminate the members of the FASA was communicat­ed to FASA by letter dated June 18, 2020. ATS claimed that it had informed all its employees as early as March 24, 2020, including the FASA members, of the drastic impact COVID-19 had on its business; that the FASA was kept informed of developmen­ts throughout the period of March 19 and June 18, 2020.

Newspapers in English

Newspapers from Fiji