The Fiji Court of Appeal has reinstated a legal challenge brought by a former head teacher against the Ministry for Education, Heritage and Arts, determining that his case should be examined by the Employment Relations Court. The judgment, delivered on February 27, came after Justices Alipate Qetaki, Walton Morgan, and Pamela Andrews ruled in favor of teacher Dhirendra Prasad, overturning a prior decision that had dismissed his claim.
Prasad, who began his teaching career in 1990, was appointed Head Teacher at Gandhi Bhawan Primary School in 2015 under a three-year contract. His tenure faced turbulence when, in 2016, he was suspended without pay while the ministry conducted an investigation into allegations of financial mismanagement and misconduct—claims he firmly denies. Following this period, he was demoted and transferred, but a subsequent review reinstated him after concluding that the Permanent Secretary had exceeded his authority in imposing the sanction.
In 2018, after further inquiries, the ministry opted not to renew Prasad’s contract. He contested this decision in the Employment Relations Court, contending that the non-renewal was unlawful and breached principles of natural justice. However, the court dismissed his application in January 2024, citing a lack of jurisdiction to address the claims.
The Court of Appeal found that the lower court had made an error and that Prasad’s case had sufficient connections to his employment contract, warranting review under its jurisdiction. Moreover, the appellate court criticized the lower court for not providing adequate justification for its ruling.
As a result, Prasad’s case will be forwarded back to the Employment Relations Court for reevaluation by a different judge. This development highlights the ongoing complexities and challenges faced within the educational employment sector in Fiji, underscoring the importance of just legal processes in resolving disputes.
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