The Arbitration Court has upheld the dismissal of a Water Authority of Fiji employee who was terminated for consuming alcohol and working under the influence of alcohol at the Waila Treatment Plant in 2010.
In a ruling delivered in Suva, the court dismissed claims by former worker that he had been unfairly terminated and denied natural justice.
The matter, which dates back 16 years, was reinstated under Section 191BTA of the Employment Relations (Amendment) Act 2016.
According to the court, the worker was terminated effective from May 26, 2010, following allegations that he consumed alcohol and was on duty under the influence of alcohol during the night shift on April 1, 2010.
The worker had argued that he was denied the right to be heard and sought reinstatement to his former position with full entitlements and compensation for unfair dismissal.
However, the court found that evidence clearly showed alcohol had been consumed at the treatment plant and that the worker was not the only employee involved.
“The evidence before the Court is that there was consumption of alcohol at the Waila Treatment Plant on 1st April 2010,” the ruling stated.
“(The worker) was not alone. There were others drinking at the Treatment Plant. This was the reason for the termination of (the worker’s) employment with Water Authority. The others were also terminated.”
The court heard that Water Authority policies strictly prohibited alcohol, drugs and kava from being consumed on company premises.
The three-member Arbitration Court panel ruled that the employer acted fairly and within its rights to terminate the worker.
“We find that the employer was justified in its action. The worker breached the terms of his employment,” the court ruled.
“The employer acted fairly. Drinking at workplaces cannot be tolerated.”
