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The Attorney General’s Chambers is currently seeking instructions from the Ministry of Labour concerning the High Court judgement yesterday, which ruled in favour of the Fiji Nursing Association.
FNA made an application for judicial review against the Permanent Secretary and the Minister for Labour, on the ground that they (the PS & the Minister) failed to refer the trade dispute reported by FNA to compulsory arbitration. And because of that, FNA is also claiming damages for loss suffered, particularly in respect of salary deductions during the days the nurses were on strike.
The Ministry of Labour had denied the claims and opposed the application by FNA on the basis that the Ministry had initiated informal mediation as recognised under the Trade Disputes Act. The Ministry also pointed out that the economic situation of the nation dictated that mediation be pursued rather than refer to compulsory arbitration.
The Court after hearing arguments on the issue on 28 November decided today that both the PS and the Minister had breached their statutory duties under the Act.
It found the PS had breached his duty by not making a decision within a reasonable time to refer the dispute to the Minister. In addition, the Court found he had failed to comply with the Act by not informing the FNA in writing of the action he had chosen to take.
The Court found that the Minister’s deferral of her decision whether or not to refer the dispute to compulsory arbitration was unreasonable.
However, the Court recognised that the circumstances at present had changed since the trade dispute was first reported. Therefore, it could not make a decision on whether it should issue an order to the Minister concerning the exercise of her discretion under the Act.
The Court has adjourned the case to 21 January 2008 to hear arguments on the nurses’ claim for damages and what orders should be made, if any, concerning the Minister’s exercise of her powers under the Act.
-ENDS-
No:1959
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