The Suva High Court has today awarded a judicial review case in favour of the Fiji Nursing Association and has stated that it will consider awarding damages, particularly over the loss of pay for the days the nurses went on strike earlier this year.

FNA had alleged in the review case that the Minister and Permanent Secretary for Labour and Industrial Relations did not act as they should have under the Trade Disputes Act when the nurses went on the national strike in July.

The FNA said it reported a dispute to the Permanent Secretary to take one or more of a set number of steps to promote a settlement.

The FNA said the Permanent Secretary did not do this and in any event did not inform them in writing of his decision as required.

In his Judgment today, Justice Roger Coventry said that he found the Permanent Secretary for Labour and Industrial Relations had breached his statutory duty under the Trade Disputes Act by failing to make a timely decision as to what to do with the trade dispute referred to him by the FNA.

He added that even when a decision was made, the Permanent Secretary failed to put it in writing and communicate it to the FNA. Justice Coventry said the delay made by the PS was unacceptable. He then said that the Minister, Bernadette Rounds Ganilau did not make a decision as she was required to do under the Disputes Act. The decision was to let matters continue as they were and decide later whether to refer the trade dispute to a Tribunal.
Justice Coventry added that in his opinion it was unreasonable not to use those powers and refer the dispute to a Tribunal, then consider prohibiting the continuance of the FNA strike.

The case has been adjourned to the 21st of next month when FNA is expected to file claims for damages.