High Court Judge, Justice Angela Wati will decide on the 26th of this month on whether the court has the jurisdiction to hear the case of the 63 sacked Public Works Department workers claiming that they were unfairly dismissed.
Rajendra Chaudhry is representing the PWD workers who were sacked by Permanent Secretary for Works, Commander Francis Kean for their alleged involvement in a sick sheet scam.
Justice Wati will examine and make a ruling on whether she can hear the case as some decrees clearly state that some matters cannot be challenged in any court or tribunal.
Rajendra Chaudhry said in court today that Fiji does not have a legislature and what we have now is a decree which he said should be interpreted by the court.
Representing the state, Acting Solicitor General Sharvada Sharma highlighted the Administration of Justice Amendment Decree which states that no court, tribunal or commission shall have the jurisdiction to accept, hear, determine or in any other way entertain any challenges at law by any person in relation to the validity or legality of any action, decision or order of the government, any minister, the PSC or any statutory authority or government entity.
Judge Wati has adjourned the case and will rule on the court’s jurisdiction on the 26th of this month.
This will determine on whether the laying off of a worker can be challenged in court.
Story by: Vijay Narayan & Tokasa Rainima
Judge to decide whether court has jurisdiction to hear sacked PWD worker’s case
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