The High Court has today ruled in favour of the State and dismissed the judicial review application filed by Rajendra Chaudhry on behalf of over 60 former PWD workers.
Justice Anjala Wati has also awarded costs in favour of the State in the sum of $1,000.
The case relates to the PWD workers who were terminated from their contractual employment under the Terms and Conditions of Employment for Government Wage Earners.
The basis upon which the workers were sacked were that a thorough investigation by the employer revealed that the workers were involved in a sick sheet scam wherein they were buying sick sheets without being physically examined by a doctor beforehand.
The former PWD workers then sought to apply for judicial review of the decision of the Permanent Secretary for Works Commander Francis Kean to sack them.
In the application filed by the now suspended lawyer, Rajendra Chaudhry also sought for a stay of the decision to terminate the workers.
Appearing on behalf of the Permanent Secretary and PSC, Acting Solicitor General Sharvada Sharma said the Permanent Secretary for Works did not exceed his jurisdiction in terminating the employment of the government wage earners.
He quoted the section for the government wage earners which states that the appointment of a government wage earner can be terminated by giving one week’s notice or by payment of one week’s pay in lieu.
This authority to the Permanent Secretary or the Head of Department is also contained in the appointment letters of the government wage earners.
Sharma also argued that the appointments of a number of workers were fixed term temporary appointments which had expired.
Chaudhry had argued that his clients were permanent wage earners and there is no evidence before the court to show that they were employed as project workers.
Justice Wati said this is not a case which should have been brought by way of judicial review at all.
While refusing Chaudhry’s application, the judge also said that the former PWD workers have to pay the $1,000 cost within 21 days.
Story by: Vijay Narayan
Court dismisses judicial review application by former PWD workers
Related Stories
We are committed to holding elections – Siromi Turaga
Questions were raised during Dialogue Fiji’s Constitution review discussion on whether the government can delay the general elections and complete the Constitution review however Acting Attorney General Siromi Turaga
Fijian economy on track to grow for fourth consecutive year in 2025 by 3.4%
The Fijian economy is on track to grow for the fourth consecutive year in 2025 by 3.4 percent, following a 3.5 percent expansion in 2024. The growth forecast is revised up marginally from the 3.2 percent projected
Heavy Rain Alert for Eastern Viti Levu, Southern Bua, Cakaudrove, Taveuni and maritime areas
A heavy rain alert is now in force for the eastern half of Viti Levu (Navua–Suva–Nausori to Serua–Namosi to Tailevu–Naitasiri–Ra areas), southern Bua, Cakaudrove, Taveuni and nearby smaller islands, the Lau an
We need to dismantle criminal enterprises, hitting them where it hurts most - Speaker
Speaker of Parliament, Filimone Jitoko has highlighted during the opening of the Office of the Director of Public Prosecutions Conference that there is a need for prosecutors in the country to master the digital frontie
Fiji has learned from its past and we know that restricting media engagement or access is not the answer - Tabuya
At all times, the public interest in accessing information and the media’s role in scrutinising government must outweigh any unilateral power to silence or sideline a news outlet. In Fiji, we uphold the principle that
Wailea resident raises concerns about drug issues raised countless times with Police while COMPOL says official complaint must be lodged
Wailea Settlement Community leader, Inoke Utona says he has raised the issue of drug use and dealing in their area countless times with the authorities but there has still been no response from Police. However when