A HEARING date is yet to be set in the civil lawsuit filed by former Supervisor of Elections Mohammed Saneem against the State for allegedly failing to pay his outstanding leave entitlement of $54,443.71.
The case was called before Justice Savenaca Banuve at the High Court in Suva for mention on November 7.
The defendants named in the lawsuit are the President, the Prime Minister, the Constitutional Offices Commission (COC), the Solicitor-General, and the Attorney-General.
According to the originating summons, Mr Saneem, who had a $350,000 salary, asserted that he was suspended with full pay following the change in government after the 2022 General Elections, and during this suspension, he submitted his resignation to the President, which was accepted the following year, “with immediate effect”.
Mr Saneem claimed he was entitled to a leave payout of 48 days, which included his annual leave and time-off-in-lieu, resulting in a final payout of $67,307, but received only $12,863.86
Mr Saneem claimed he is still owed $54,443.71 without any unlawful deductions as stipulated in Article 136 (1) of the Constitution. He had written to the defendants in 2023 and again this year, but the issue has not been addressed.
Representing himself, Mr Saneem informed the court that after filing his affidavit in response, he received a $5,000 payment, but no accompanying breakdown was provided despite his request for clarification.
In his affidavit in reply, Mr Saneem added that a further 20 days of leave should also be paid.
The State, in response, said it required time to address these new issues, as Mr Saneem had not previously disclosed that he had remained in office for an additional 20 days. It also stated that it needed to obtain instructions from the Fiji Elections Office (FEO) and the Constitutional Offices Commission regarding the payment breakdown.
Justice Banuve reminded the State to ensure its reply is clear and tight before a hearing date is set later this month.
The matter will be recalled on November 28.
