The Employment Relations Tribunal in Lautoka has ruled Energy Fiji Ltd (EFL) has a case to answer over the termination of a driver in October 2019.
Alfred Anand received a letter from EFL’s general manager human resources on October 31, 2019, advising him that his contract with the company had expired in September and would not be renewed.
“The tribunal finds that in the grievor’s termination letter, the employer failed to address that the grievor was not performing while he was in employment,” stated Legal Tribunal Aleem Shah in his August 31 ruling.
“If the grievor was not performing during his employment period, therefore the question that lays is whether the employer had carried out any performance assessment.
“The tribunal finds that the employer (EFL) did not provide any reason why grievor’s employment was terminated after one month of expiry of the employment contract.
“Hence the tribunal finds that the preliminary submissions filed by both parties show that there are some evidential issues that need to be determined by the tribunal for unfair and unjustifiable termination of grievor’s employment in relation to the above.
“As such, the tribunal finds that there is a case to answer.”
The matter will be called before the tribunal on September 20.
