THE High Court in Suva has dismissed three separate judicial review applications challenging employment decisions by the Ministry of Education, finding the applicants had failed to establish an arguable case.
Justice Vishwa Datt Sharma dismissed the applications by Biu Colati, Savenaca Muamua Bukadrou and Jone Vunidoi Kanalagi in separate decisions delivered on September 24.
Mr Colati challenged his redeployment from an acting position in the Education Curriculum Development Unit to his substantive position as Assistant Principal of Nabua Secondary School.
Mr Bukadrou challenged his redeployment from an acting position with the Education Technology and Employment Skills Training Unit to his substantive position as Assistant Principal of Gospel High School.
In both cases, Justice Sharma found the applicants had been on temporary acting appointments which had expired, and their return to their substantive positions did not create an arguable case for judicial review.
Mr Colati’s application was also filed one day outside the three-month time limit under Order 53 of the High Court Rules. Mr Bukadrou’s application was filed three days late.
In Mr Kanalagi’s case, the challenge concerned his transfer from Ra High School, where he was principal, to Thomas Baker Memorial School.
He claimed the transfer was a swap-transfer made without consultation and contrary to the Teacher Transfer Policy.
However, the court found the January 9, 2025, transfer was made based on the ministry’s needs and was not a swap-transfer.
Justice Sharma found the transfer was permitted under the Teacher Transfer Policy and the Constitution.
In all three cases, the court found the disputes concerned employment matters that could be pursued through the Employment Relations Tribunal.
The court ordered each applicant to pay $2000 in costs to the respondents within 14 days.
