The Fiji Court of Appeal has overturned an Employment Relations Court’s (ERC) ruling that the case of a dismissed worker.
Mohammed Khan claimed against his former employer, Coca Cola Amatil (Fiji) Ltd (CCAL). He was sacked in 2016 for alleged misconduct and argued his summary dismissal breached his employment contract and was unfair.
The ERC, led by Justice Javed Mansoor dismissed Mr Khan’s 2019 claim, asserting, “This court has no jurisdiction to hear the plaintiff’s employment grievance.
Mr Khan appealed, claiming his action was founded on a contract breach, was within ERC’s jurisdiction under s 220(1)(h) of the Employment Relations Act 2007.
Justice Chandana Prematilaka, Justice Alipate Qetaki and Justice Robert Dobson have delivered a Court of Appeal’s judgment on July 25.
“The appellant’s action was founded on a contract of employment, pleaded breaches of employment contract,” said the judges while overturning the ERC’s decision.
The judges criticised the rigid jurisdictional divide.
“Employment grievance as result of dismissal cannot be totally separated from the contract of employment. They are inextricably interwoven.”
“The ERC too can determine whether a worker has an employment grievance.”
The judges said they were satisfied that the appellant’s (Mr Khan) action is founded on the contract of employment and he has properly pleaded it as such.
The ruling of Justice Mansoor was set aside and the case returned to the ERC for a new judgment on existing evidence within six months.
Mr Khan was also awarded $5,000 in costs.