Fiji Time: 2:16 PM on Wednesday 22 August

Fiji Times Logo

/ Front page / News

Tribunal dismisses ATS essential services bid

Felix Chaudhary
Wednesday, April 18, 2018

THE Employment Relations Tribunal has dismissed an application by Air Terminal Services Fiji Ltd for the company to be declared an essential service.

ATS management filed an application on September 8, last year asking the tribunal to declare ATS an essential service industry.

In the application, ATS management — in a Notice of Motion supported by an affidavit from Human Resources manager Richard Donaldson ­— also requested that ATS be declared an essential service employer and for the respondent — Federated Airline Staff Association — to pay costs for the application.

In a ruling delivered on April 6, resident magistrate Ropate Green dismissed the action, saying the tribunal did not have the powers to make such a declaration.

While delivering the ruling, he cited Section 191BV of the Employment Relations Act which states that the minister (of Employment) following consultation with the Board and by Notice in the Gazette could make amendments or revisions to essential industries declared under the Decree or to designated corporations or companies designated under the Decree.

"It is clear that the powers to designate or declare companies as an essential industry are vested with the minister," he said.

"Clearly, this is a statutory function which is subject to judicial review.

"In the context of this matter, the private-public law dichotomy is vitally important.

"From this vantage point, even if the court were to assume that it is vested with jurisdiction to hear this matter, this matter would still fail since the remedies the applicant are seeking falls within the realm of public law and not private law.

"The action is therefore dismissed.

"Having dismissed this action on the basis that this tribunal is devoid of jurisdiction, the tribunal need not deal with the respondent's notice of motion to strikeout."

Magistrate Green also dismissed the application by ATS management for FASA to pay costs and further ordered each party to bear their own costs.








Fiji Times Front Page Thumbnail

Kaila Front Page ThumbnailFiji Times & Kaila Frontpage PDF Downloads

Use the free Acrobat Reader to view.

Westpac
Code Inward TTs Outward TTs
CAD 0.62690.6079
JPY 54.049151.0491
GBP 0.34840.3404
EUR 0.40380.3918
NZD 0.68660.6536
AUD 0.64580.6208
USD 0.50110.4841

from

$0.00

Exchange Rate updated on 18th, April, 2018

Today's Most Read Stories

  1. $75k 'historic' accident compensation
  2. Man swept away, ends up on tree
  3. Top two
  4. Sayed-Khaiyum rejects vote buying claim
  5. 11 deaths
  6. Air cleared on route
  7. Tribunal dismisses ATS essential services bid
  8. 78 registered nurses graduate
  9. National budget date set
  10. Coconut plants 'cyclone tolerant'

Top Stories this Week

  1. Origins of our Isa Lei Sunday (15 Apr)
  2. Man found dead on roof Thursday (12 Apr)
  3. Body seen afloat Thursday (12 Apr)
  4. Urgent call for help on island Thursday (12 Apr)
  5. $75k 'historic' accident compensation Wednesday (18 Apr)
  6. Wrath of nature Monday (16 Apr)
  7. Man swept away, ends up on tree Wednesday (18 Apr)
  8. Catanasiga appointed first woman executive director of FCOSS Tuesday (17 Apr)
  9. Team Fiji returns Monday (16 Apr)
  10. Woman hospitalised, man missing after boating accident Sunday (15 Apr)