The Employment Relations Court has ordered Yatu Lau Company Limited to pay former Finance Manager and Board Secretary Salote Tuifagalele more than $64,000 after finding her employment was both unlawfully and unfairly terminated.
In her August 11, 2025, judgment, Justice Anjala Wati said that when Ms Tuifagalele continued working for four months after her three-year contract ended on 31 July 2019, “the continuity of employment gives rise to a presumption of a new contract for an indefinite period.”
The court found Yatu Lau breached both the contract and the Employment Relations Act by failing to give one month’s notice or payment in lieu.
“This letter is not a notice to terminate the contract,” Justice Wati said of the company’s December 10, 2019, correspondence.
“A notice to terminate ought to have been given before the employment comes to an end.”
Ms Tuifagalele’s employment was deemed to have ceased on 27 November 2019.
The judge noted she was not paid her final wages on time and was never issued a certificate of service.
“Once again there was breach of section 30(6) of the ERA,” Justice Wati said.
The ruling was also critical of Yatu Lau’s treatment of Ms Tuifagalele while she was on leave overseas caring for her ill parents.
“She was not being treated fairly, to stop paying her is an insult to her causing her anguish and humiliation,” Justice Wati said.
The court awarded $45,800 for 12 months’ salary, $4,580 for lost employer FNPF contributions, $3,652.55 in pre-judgment interest, and $10,000 for unfair dismissal, a total of $64,032.55.
“If the worker was informed early that her contract will come to an end, she would have started looking for work whilst in employment,” Justice Wati said.
The company must also pay $5,500 in legal costs within a month.