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University’s Legal Battle to Halt Strikes Shakes Campus

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The University of the South Pacific has turned to the courts to request an injunction to prevent further strike actions by its staff unions, which are advocating for the removal of Vice-Chancellor Professor Pal Ahluwalia. The unions, namely the Association of the University of the South Pacific Staff (AUSPS) and the University of the South Pacific Staff Union (USPSU), initiated a strike on October 18, 2024, although participation among members varied. After a week of striking, which concluded on October 25, the unions warned of the possibility of resuming strike actions if their demands are not addressed.

In court proceedings, lawyer Wylie Clarke represented the university, expressing concerns that additional strikes could severely disrupt students during their examination period. He highlighted that the strike mandates, as outlined in the Employment Relations Act, were restricted to the issue of Professor Ahluwalia’s removal. However, the unions have expanded their demands to include the reinstatement of Dr. Tamara Osborne-Naikatini, a biology lecturer and president of AUSPS, who was dismissed following her disclosure of confidential details regarding the vice-chancellor’s contract renewal.

Clarke argued that further strike actions would exceed the legal authority outlined in the original strike ballots. In contrast, lawyer Siddarth Nandan, representing the unions, contended that any future strikes would remain lawful and that the university’s concerns regarding disruption to examinations were overstated. Nandan reiterated that injunctive relief against strikes can only be justified under specific conditions, primarily if they pertain to essential services and align with the public interest.

Justice Chaitanya Lakshman emphasized the need for reasonableness among all parties involved, noting that rights come with responsibilities. The court has scheduled a follow-up hearing for November 21, allowing Nandan 14 days to present his submissions, with Clarke required to respond within seven days thereafter.

This situation underscores the tension between staff rights and institutional governance, highlighting the complexities of labor relations in educational settings. The upcoming court decisions could pave the way for either resolution or prolonged conflict, impacting both staff and the university community.

In summary, the University of the South Pacific is seeking legal intervention to prevent further strikes by its staff unions, which have expanded their demands beyond the removal of the vice-chancellor. The case has been adjourned for additional submissions, with the hope for an equitable resolution that prioritizes the welfare of students amidst this dispute.


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