TWO former acting department heads of Sabeto College who challenged the Ministry of Education and its former permanent secretary, Dr Anjeela Jokhan, for revoking their positions had their civil action dismissed.
Alvin Raju headed the Maths and Physics departments while his wife, Nazeem, was in charge of the Social Science department.
Mrs Raju had written a letter of complaint to the permanent secretary on October 3, 2019, alleging the acting principal, Shelly Chand, had been treating her unfairly.
Her husband also wrote a letter of complaint against Ms Chand a few days later for allegedly discriminating against him.
The ministry, in response, appointed a panel to investigate the allegations where various people including the complainants were interviewed.
The panel found the allegations were unsubstantiated and that the couple had personalised certain professional issues.
The panel also observed that the couple had been insubordinate and disrespectful towards Ms Chand.
Acting on the panel’s report, Dr Jokhan issued a warning letter to the complainants and transferred them to another school in Lautoka.
Their acting appointments were revoked and reverted to their respective substantive positions.
The couple sought for their positions to be restored to their respective acting appointments among other remedies.
The defendant’s lawyer, Shanish Kant from the Attorney-Genera’s Chambers, submitted in court that the correct forum to hear the case was the Employment Relations Tribunal.
“Accordingly, I hold that this court sitting as an (ERC) has no jurisdiction to consider the application before it,” Justice Anare Tuilevuka ruled a few days ago.
“I am of the view that the cause is best described as an “employment grievance” rather than as an “action founded on contract. I dismiss the action.
“Costs to the defendants which I summarily assess at $800.”
