THE Employment Relations Tribunal has declared that the permanent secretary for Employment erred in law by rejecting the University of the South Pacific’s notice of dispute.
And as such, the Tribunal Magistrate Mary Motofaga has ordered the permanent secretary to accept the notice under section 170 of the Employment Relations Act.
In the notice, the university submitted a dispute between itself and the staff unions — Association of the University of the South Pacific and the University of the South Pacific Staff Union — in relation to the employment of the vice chancellor, Professor Pal Ahluwalia. The dispute is over the unions’ call for the removal of Mr Ahluwalia and the university’s refusal to agree to their demand.
The notice also stated the dispute was confirmed and proven by the fact that the sole issue for voting in the unions’ strike ballot held on August 14 last year was for the “removal of the vice chancellor and president”.
However, the permanent secretary rejected the notice on October 9 of the same year on the basis that it was vexatious, and both unions had exhausted due process stipulated under section 175 (3) of the ERA.
The university then filed an appeal on October 23 last year with the tribunal.
In her determination, Ms Motofaga concluded that the permanent secretary’s decision was legally unfounded.
“The strike phase does not override or invalidate the dispute resolution process under the Act,” she said on June 27.
“Unless a dispute clearly meets the narrow exceptions provided by law, the PS is obligated to act, not dismiss. The rejection on grounds of mootness and vexatiousness, therefore, constituted a misapplication of law.
