The Fiji Court of Appeal has made a significant ruling by reinstating a former staff member of the University of Fiji (UoF), Vijay Kumar, allowing him to pursue a wrongful termination case against the university. On July 25, 2025, the court determined that the Employment Relations Court has the jurisdiction to hear Kumar’s claim, overturning a previous High Court decision that sided with UoF.
Kumar, who was the human resources manager at UoF, was dismissed on April 27, 2019, amidst allegations of misconduct. He accuses the university of breaching his employment contract by failing to adhere to proper disciplinary procedures, acting in bad faith, and fabricating evidence against him, which included denying him the opportunity to cross-examine his accusers.
UoF defended its actions by invoking section 173(4)(d) of the Fiji Constitution, claiming it restricted the court’s jurisdiction since the dismissal occurred under the University of Fiji Act 2011. However, the Court of Appeal, led by Justices Chandana Prematilaka, Walton Dobson, and Gerard Winter, concluded that Kumar’s termination was not strictly a matter of the UoF Act’s powers but fell under the university’s general authority to enter into contracts. The court expressed skepticism towards a broad interpretation of the constitutional provision, suggesting it should not indefinitely prevent legal challenges unless the legality of a decision is called into question.
As a result of this ruling, Kumar’s case will be sent back to the Employment Relations Court for a full hearing, and UoF is required to pay him $5,000 in legal costs.
This decision reflects a growing commitment within the Fijian judicial system to uphold employee rights and ensure that fair employment practices are maintained. Just like a previous case involving Ronald Rajesh Kumar, which emphasized the need for due process and documentation within employment matters, it illustrates the vital importance of clarity and respect in employer-employee relationships.
The court’s ruling encourages employees to understand their rights and provide a hopeful outlook for those facing similar grievances: that the legal system is prepared to ensure justice and accountability in workplace disputes.
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