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Moimoi v Cardos Steakhouse and Cocktail Bar [2011] FJET 16; ER Grievance 194.2010 (28 September 2011)

IN THE EMPLOYMENT
TRIBUNAL AT SUVA

ER Grievance No. 194 of 2010

BETWEEN:

Ms. MERE K. MOIMOI
WORKER

AND:

CARDOS STEAKHOUSE AND COCKTAIL BAR
EMPLOYER

Appearance:
Mr. Salen Nair, Senior Labour Officer (Western) for the Worker

FORMAL PROOF

1] This matter has been called for mention a total of 8 times and the employer has failed to make an appearance 4 times. Coupled with that is the fact that the employer has failed to make initial submissions after being given 4 opportunities to do so, and on the mention date of 26 August 2011, the employer represented by one Rup Narayan was told to produce its submission by 23 September 2011 failing which the matter will be formally proved. On 23 September 2011, the employer again failed to make an appearance.

2] This employer has failed to adhere to the directions of the Tribunal in regards to appearances and the making of submissions, thus the need to formal prove the case of this grievor.

3] The worker Ms. Mere K. Moimoi took oath and gave the following evidence:

i] That she commenced working with this employer sometimes in October 2009, was not engaged on a written contract and was never given any form of warning during her period of employment.

Ii] That she was employed as a Bar Tender, worked on shift and paid at the rate of $3.20 an hour.

Iii] That she is still not sure why she was terminated and believed that one Mr. Phillips a regular guest must have called Mr. Richard Slater about a Police visit to his house regarding unpaid tabs.

Iv] That she confirmed that she made a formal complaint to the Denarau Police Post and she did that to protect her wages as the arrangement in the Bar was, if the guests did not pay, she would pay.

v] That when she reported for work on 28 July 2010 she was given the termination letter, paid her annual leave and told to leave the workplace.

4] From the evidence, the Tribunal rules that Ms. Moimoi was not given the due process and in that regard she has a grievance in that the termination was wrongful, unjustified and unfair.

5] The Tribunal having considered the remedies under section 230 of the Employment Relations Promulgation 2007 makes the following Orders:

a] Under section 230 (1) (b) the employer to reimburse to Ms. Mere K. Moimoi one (1) year's wages lost as a result of this grievance;

b] Under section 230 (1) (c) the employer to pay Ms. Mere K. Moimoi a further 6 months' wages as compensation for humiliation, loss of dignity and injury to her feelings; and

c] That the total amount (Orders [a] + [b]) be paid to Ms. Mere K. Moimoi within 28 days of this decision.

DATED at Suva this 28th day of September, 2011

Sainivalati Kuruduadua
Chief Tribunal