A civil lawsuit has been filed by former Supervisor of Elections Mohammed Saneem against the State, alleging it has failed to pay him his outstanding leave entitlement amounting to $54,443.71. The case was brought before Justice Savenaca Banuve at the High Court in Suva, where it was mentioned on November 7, though no hearing date has been confirmed yet.
The lawsuit lists several defendants, including the President, the Prime Minister, the Constitutional Offices Commission (COC), the Solicitor-General, and the Attorney-General. Saneem claims that after being suspended with full pay following the 2022 General Elections, he submitted his resignation to the President, which was accepted the following year. He asserts that during his suspension, he is entitled to a total leave payout of $67,307 for 48 days that includes his annual leave and time-off-in-lieu, yet he has only received $12,863.86 thus far.
In correspondence sent to the defendants in 2023 and again this year, Saneem emphasized that he is still due the remaining $54,443.71, stating there should be no unlawful deductions as per Article 136 (1) of the Fiji Constitution. He has indicated that after filing his affidavit in response to the case, he received a $5,000 payment but did not receive a detailed breakdown despite requesting one.
The State has requested more time to respond to Saneem’s claims, particularly regarding the newly disclosed 20 days of employment he did not originally mention. The State is currently seeking instructions from the Fiji Elections Office and the Constitutional Offices Commission to provide clarification regarding the payment breakdown.
Justice Banuve has reminded the State to ensure its responses are clear before setting a hearing date later this month. The case will reconvene on November 28.
This legal dispute reflects the ongoing complexities faced by public officials following governmental changes, and it highlights issues surrounding employee rights and compensation in the political landscape. As the proceedings continue, there is hope for resolution and clarity on the entitlements owed to public servants like Saneem.
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