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Illustration of Bainimarama files lawsuit Govt, AGs Office

Bainimarama Battles Fiji Government Over Pension Payment Dispute

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Former Prime Minister Voreqe Bainimarama has initiated a civil lawsuit against the Government of Fiji and the Office of the Attorney-General, citing a failure to receive his correct pension and gratuity payments. This legal action was first addressed by Acting Master Wickramasekara at the High Court.

Bainimarama’s lawsuit seeks several declarations and payments, including a claim for the remaining gratuity balance of $337,211.12 and a fortnightly retirement pension of $7,112.37. He also requests judgment for the gratuity amount, pre-judgment interest at a rate of 13.5 percent, post-judgment interest until full payment is received, coverage of his legal costs, and any additional relief the Court may find just.

Under the Prime Minister’s Pension Act of 1994, the former Prime Minister believes he is entitled to specific benefits due to having completed over five years of service, which include provisions for communication services, a ministerial vehicle, medical care, and personal staff funding.

However, the Office of the Attorney-General opposes Bainimarama’s claims, asserting that due to a 20 percent salary reduction imposed in March 2022, resulting from a parliamentary resolution, his pension payments were calculated based on this adjusted salary of $263,000 per annum at the time of his retirement. They maintain that no new salary determination was made before his departure from office.

The Government denies any failure to fulfill Bainimarama’s pension entitlement requirements and has requested that the court dismiss the lawsuit, asserting that all allegations made by Bainimarama are denied.

The court has instructed Bainimarama to respond to the case by November 19, with the defendants required to reply by December 3. A Pre-Trial Conference is scheduled for January 7, 2025, with a subsequent court hearing on February 5, 2025. Failure to adhere to these deadlines may result in a $2,000 fine and potential dismissal of the case.

This case highlights issues of proper compensation for public officials and the legal complexities surrounding pension rights. As it progresses through the court, it will not only serve as a crucial point of contention for Bainimarama but may also impact future discussions regarding compensation for government officials in Fiji.

Summary:
Voreqe Bainimarama, former Prime Minister of Fiji, is suing the Government and the Attorney-General’s office for unpaid pension and gratuity claims. His lawsuit includes calls for substantial payments as per the Prime Minister’s Pension Act, while the Government argues against these claims based on a previous salary cut. The court has set timelines for responses and scheduled hearings into 2025, signifying ongoing legal proceedings that may influence future public compensation policies in Fiji.


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