The Fiji Court of Appeal has overturned a High Court ruling, reinstating a former University of Fiji (UoF) staff to pursue an employment dispute with the university.
The ruling on July 25, 2025 cantered on whether the Employment Relations Court had jurisdiction to hear Vijay Kumar’s claim of wrongful termination.
Mr Kumar, a former human relations manager at UoF, was dismissed on April 27, 2019, after an investigation and subsequent review.
He alleged UoF breached his employment contract by terminating him without following disciplinary procedures, acting in bad faith, fabricating evidence, and denying him the right to cross-examine accusers.
UoF argued that section 173(4)(d) of the Fiji Constitution, which protects decisions made under laws enacted between 2006 and 2014, ousted the court’s jurisdiction, as the dismissal was made under the University of Fiji Act 2011.
In February 2023, High Court Justice Wati sided with UoF, dismissing Mr Kumar’s claim.
However, the Court of Appeal, led by Justices Justice Chandana Prematilaka , Justice Walton Dobson and Justice Gerard Winter ruled that Mr Kumar’s dismissal was not a decision under the UoF Act’s specific powers but rather under the university’s general authority as a body corporate to enter contracts.
They ruled the constitutional ouster did not apply.
The court also expressed scepticism about the broad interpretation of section 173(4)(d), suggesting it should not indefinitely bar challenges to decisions under laws from the specified period unless their legality is questioned.
The ruling reinstates Mr Kumar’s case to the Employment Relations Court for a full hearing and orders UoF to pay $5,000 in costs to Mr Kumar.
