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Ting v Enrich Recycling Co.Ltd [2012] FJET 60; ERT Grievance 42.2011 (18 September 2012)

IN THE EMPLOYMENT TRIBUNAL
AT LAUTOKA

ERT Grievance No. 42 of 2011

BETWEEN:

ILAISA JOHN JABBAR TING
GRIEVOR

AND:

ENRICH RECYCLING CO. LTD
EMPLOYER

Appearances:
Mr. S. Nair for the Griever

FORMAL PROOF

1.0 Background

1.1 The Labour Officer took up this case for formal proof when the employer did not appear in the Tribunal for the fixing of a hearing date suitable to both sides. This was despite the 4 Notice of Adjourned Hearings sent to the employer.

1.2 This case was sent to the Tribunal from the Mediation Unit on 3rd February, 2011 and set down for first call on 11th April, 2011 when the employer did not appear.

1.3 The case was rescheduled for 11th April, 2011 when the employer wrote to the Tribunal asking for a 2 months' adjournment as he would be away overseas; the Tribunal obliged and set the matter down for 18th May 2011 when Mr. Anu Patel appeared for the employer and the case was set down for 20th June, 2011 for directions.

1.4 On 20th June, 2011 the employer was given 21 days to make submissions by 18th August 2011 and thereafter 21 days to the grievor. The employer made its submissions in time whilst the grievor's submission came in late.

1.5 Thereafter, the Tribunal tried calling the parties together to agree on a hearing date and despite numerous NOAHs, telephone calls and e-mails the employer failed to turn up, thus the formal proof.

2.0 The Evidence

2.1 The grievor Mr. Ilaisa John Jabbar Ting in his evidence stated that he had no permanent job, and used to be a casual worker, working on and off until he was engaged with this employer.

2.2 The parties entered in to a formal written employment contract dated 22nd September, 2010. The contract was for a fixed term of 3 years and the grievor's job title was as Operations Manager dealing amongst other responsibilities the following – management of the field operations of the company, negotiating prices and organizing daily collections of scrap metal and supervising of loading of containers as per the company's requirements and policies.

2.3 Mr. Ting told the Tribunal that he had read the contract thoroughly and that there was no grievance procedure and that he had sat down and discussed that with the employer when he was tasked to terminate and then re-engage local workers on a lower scale.

2.4 Mr. Ting further told the Tribunal that he was terminated on 17th November, 2010 after the employer accused him of stealing an electronic scale valued at $9,000 and selling it in Labasa. The scale has been recovered and is now in the custody of the Labasa Police. The theft is under investigation by the Labasa and Lautoka Police and Mr. Ting is a Police suspect.

2.5 Mr. Mosese Balirewa gave evidence for the grievor that he was recruited by him and that they were terminated at the same time. Mr. Balirewa could not recall being served the termination letter.

3.0 Remedies

3.1 Mr. Ting is claiming unfair dismissal and is seeking compensation from the date of dismissal. He is not seeking reimbursement of lost wages.

3.2 In that connection, the Tribunal will use section 230 (1) (c) (i) and (ii) and make the following Orders:

• (i) The payment by Enrich Recycling Co. Ltd. to Mr. Ilaisa John Jabbar Ting of 6 months wages as compensation for humiliation, loss of dignity and injury to his feelings; and
  
• (ii) The payment by Enrich Recycling Co. Ltd. to Mr. Ilaisa John Jabbar Ting the balance of the employment contract entered on 22nd September, 2010.
  

DATED at Suva this 18th day of September, 2012

Sainivalati Kuruduadua
Chief Tribunal