Labour Ministry denies mediation claims

( Thursday, December 20, 2007 )


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The Attorney-General’s Office is seeking instructions from the Labour Ministry on the High Court judgment favouring the Fiji Nursing Association.

The association sought a judicial review against the Permanent Secretary and the Labour Minister for failing to refer the trade dispute to arbitration.

The association is claiming damages, particularly for the salary deductions, during the days the nurses were on strike.

The Labour Ministry denied the claims on the basis that it had initiated informal mediation with the association as recognised under the Trade Disputes Act.

The ministry also pointed out that the national economy dictated that mediation be pursued rather  than referred to compulsory arbitration.

The Court had found that the minister’s deferral of her decision whether or not to refer the dispute to compulsory arbitration was unreasonable.

The Court has adjourned the case to 21 January 2008 to hear arguments on the nurses’ claim for damages - and what orders should be made, if any, concerning the Minister’s exercise of her powers under the Act.

Minister Bernadette Rounds Ganilau, who’s just returned from a meeting in Bali, is expected to issue a statement after lunch.

Fiji Broadcasting Corporation.

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