The Construction Energy & Timber Works Union of Fiji is challenging a trade dispute application submitted by Energy Fiji Ltd (EFL) in the Arbitration Court, with a strike-out application filed by the union. This case is currently presided over by Justice Chaitanya Lakshman, with the union’s representative, Sailesh Naidu, contesting the validity of EFL’s notification of the trade dispute on both procedural and substantive grounds.
Mr. Naidu has raised significant objections regarding the notification process, specifically highlighting improper notification under section 191AA of the Employment Relations Act, the lack of a statutory foundation under section 1910, the failure to provide a log of claims, and the non-compliance with prior arbitration awards. The union asserts that EFL has not fulfilled the required conditions for issuing a legitimate trade dispute notice as defined by the Act and is seeking dismissal of EFL’s application.
The hearing, which was initially slated for yesterday, saw both parties relying solely on their written submissions without any oral arguments being presented. Justice Lakshman is expected to deliver a decision on this matter by July 23.
In context with recent developments, it is noteworthy that this case unfolds amid a backdrop of industrial unrest, particularly relating to ongoing negotiations between CETWUF and the Fiji Roads Authority (FRA). Both entities have been engaged in a dispute over salary issues, with CETWUF previously indicating a strong mandate for potential strike action should management fail to address vital claims concerning pay increases and working conditions.
This situation reflects a broader struggle within the labor sector in Fiji, highlighting the critical need for resolution and dialogue among employers and unions.
The recovery of wages and employment rights in Fiji seems to be gaining momentum; through legal channels, unions are reinvigorating efforts to secure fair treatment for workers. There remains hope that through mediation and structured dialogue, a resolution can be reached that benefits all parties involved.
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