The Ministry of Education today filed a strike out application in the civil case brought up by the Fiji Teachers Union in regards to the alleged breach of the employment contracts of its members.
This is in relation to the Job Evaluation Exercise.
Bhavna Narayan, who was representing the Ministry of Education, told the court that this relates to a trade dispute and under the Employment Relations Act 2007, the High Court does not have the jurisdiction to hear the case.
Narayan says that the case should be called before the Arbitration Court.
She told the High Court that during the consultations for the Job Evaluation Exercise, the Union was consulted and the members who signed their contracts had said that they had done it voluntarily.
Narayan says the government is saying that since they have signed the new contracts under the Job Evaluation, the old contracts do not exist.
She also added that the application by the Union is time barred.
Narayan also questioned whether it was a dispute of interest or rights.
FTU lawyer, Damodaran Nair says in 2016 there was an amendment done to the Employment Relations Act which included the government workers in the act and the court can hear the case.
Nair says the union has brought the case of dispute of rights of its members collectively adding that the Union was never consulted. He says that they have met the time limit.
Nair says that some teachers were removed from their positions and after the Job Evaluation they were reinstated to that same position on a acting basis without any reason given.
In her right of reply, Bhavna Narayan says that the members had signed the new contracts in August 2017 and they took action in May this year.
High Court Judge Justice Anjala Wati will deliver her judgement on the 10th of next month.
