The Construction Energy & Timber Works Union of Fiji is contesting the trade dispute application made by Energy Fiji Ltd (EFL) in the Arbitration Court, with the union filing a strike-out application.
This case is currently before Justice Chaitanya Lakshman with the union, represented by Sailesh Naidu, challenging EFL’s notification of the trade dispute on both procedural and substantive bases.
Mr Naidu has raised objections related to improper notification under section 191AA of the Employment Relations Act, the lack of a statutory foundation under section 1910, the submission of a log of claims, and non-compliance with the arbitration award.
The union argues that EFL had failed to meet the necessary conditions for a legitimate notification of a trade dispute as outlined in the Act, and consequently requests that the application be dismissed.
The hearing was scheduled for yesterday, but oral arguments were not presented, and both parties relied entirely on their written submissions.
Justice Lakshman is expected to issue his decision on July 23.
