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Labour Officer v Jim's Enterprise Ltd [2012] FJET 16; ERT Criminal Case 30.2012 (24 August 2012)

IN THE STATUTORY TRIBUNAL, FIJI ISLANDS
SITTING AS THE EMPLOYMENT RELATIONS TRIBUNAL

ERT Criminal Case No 30 of 2012

BETWEEN:

LABOUR OFFICER
Complainant

AND:

JIM'S ENTERPRISE LIMITED
Employer

Sections 211 and 213(d)
Employment Relations Promulgation 2007

DECISION

I have been asked by the Complainant in this matter to consider the further conduct of the Employer, for its failure to observe the terms of a Deed of Settlement, the contents of which were endorsed by this Tribunal, as a precursor to the Complainant not pursuing its case against the Employer for the recovery of unpaid wages.

The Complainant in an application made to this tribunal dated 20 August 2012, secured the issuing of Compliance Orders against the employer for its failure to comply with the terms of the Decision of this Tribunal dated 22 June 2012.

Ms Ratumaitavuki for the Complainant, advised that to date, the Employer is in default under the terms of the Deed of Settlement in the amount of $22,000.00

She further advised the Tribunal that she had contacted the Employer on nine separate occasions and on two occasions (29th June and 3 July) was advised by the Employer's representative, that she would attend the Complainant's office. On both occasions she failed to do so and thereafter the Employer refused to take any further telephone calls from the Labour Officer.

In view of the fact that the Employer appears to have shown complete disregard to the authority of this Tribunal and on the basis it failed to comply with its own undertaking to make good the outstanding wages owed to the aggrieved worker, I now order that the Employer pay to the Complainant the outstanding sum owed under the Terms of the Settlement Deed in the amount of $24,000.00 within seven days hereof. I also order that the Employer pay the Complainant's costs of $150.00

Mr Andrew J See
Resident Magistrate
24 August 2012