Judge overturns Employment Tribunal ruling

A MAN who was terminated for drinking kava at work had the Employment Tribunal ruling overturned by the High Court in Suva.

Justice Javed Mansoor said the permanent secretary for the Ministry of Employment, Productivity and Industrial

Relations had a duty to receive all employment disputes that met all the requirements of a complaint.

Justice Mansoor made the comment in a court ruling on October 6 in a matter between Goodman Fielder and the Manufacturing, Commerce and Allied Employees and Staff Union.

The union took the matter to court after the company terminated one of its employees, Rakesh Prasad, for drinking kava while at work.

The Employment Tribunal had dismissed Mr Prasad’s case.

“The dispute was dismissed without first determining what internal dispute resolution mechanism was available and by holding that the aggrieved party had to exhaust alternative remedies when there is no such statutory requirement concerning dismissal cases,” said Justice Mansoor.

He said section 170 (1) (b) of the Employment Relations Promulgation stated that the permanent secretary must accept all employment disputes reported to him or her provided that all existing internal procedures have been exhausted in resolving the employment dispute.

“In my view, section 168 must be construed in the light of the changes made to section 170 (1) where a duty is imposed on the permanent secretary to accept all employment disputes provided the three specified requirements are met.”

He ruled in favour of the union and Mr Prasad, and remitted the case back to be heard by another resident magistrate.