High Court Judge Justice Roger Coventry will make a ruling next month on whether the trade dispute by the Fiji Nurses Association regarding the 5% paycut, should have been referred to compulsory arbitration by the Labour Ministry.

Representing the FNA, Lawyer Graham Leung revealed that his clients are seeking declarations from the court that the Permanent Secretary for Labour, Taito Waqa was in breach of the requirements under the Trade Disputes Act in dealing with the FNA dispute.

Leung then revealed that Waqa had recommended to the Interim Minister for Labour, Bernadette Ganilau that the nurses strike action, which was then into its 7th day, be referred to arbitration.

The FNA also claims that the advice was ignored by the Interim Minister who is required under law, to refer the matter to arbitration to end a strike in the essential services sector.

According to Leung, Ganilau stood by and allowed the strike to take its course, while the nation suffered the consequences of the 17 day Nurses strike.

State Lawyer, Luke Daunivalu while admitting that the advice was given to the Interim Minister to refer the matter to arbitration, however, in exercising her discretion and information received, it was decided that dialogue between the two parties continue to find a solution and thus the matter was not referred to arbitration.

Justice Coventry will deliver his ruling on December 17th.