IN THE STATUTORY TRIBUNAL, FIJI ISLANDS
SITTING AS THE EMPLOYMENT RELATIONS TRIBUNAL 
		
Ex Tempore Decision  		

Title of Matter:	Joshika Lata 					                 (Grievor)
			         	  	 	 
v
Entec Ltd				                             (Employer)

Section:		Section 247 (b) Employment Relations Promulgation 2007
	
Subject:	Adjudication of Employment Grievance 
	
Matter Number:	ERT Misc Application No 35 of 2017 
	
Appearances: 	Ms A Raitivi, Labour Officer for the Grievor and the Grievor appearing in person
Non Appearance of the Employer
	
Dates of Hearing: 	5 December 2017 	
Before:  	Mr Andrew J See, Resident Magistrate  	
Date of Decision: 	5 December 2017  

1.	I make this decision in accordance with Section 233 of the Employment Relations Act 2007, on the basis that in these proceedings, the Employer has failed to attend. 
2.	The Tribunal has heard from Ms Joshika Lata, a former employee who claimed outstanding wages and annual leave entitlements from the Employer following her dismissal from her employment. The Grievor says this came about as a consequence of her providing the employer one month’s resignation notice.  
3.	Ms Raitivi from the Labour Office has provided the Tribunal with a calculation of the monetary entitlements otherwise owing to the Grievor, based on an hourly wage rate of $7.21. Those calculations equate to outstanding wages based on 80 hours, calculated as the total ordinary hours for a fortnight ($576.80_, plus an additional accrued annual leave entitlement, based on 4 month’s completed service. (To be calculated at $192.27).
4.	The Employer having failed to attend the Tribunal on several occasions including the 25th of August, the 4th of October, the 9th of October and now today the 5th  of December, leaves the Tribunal with no alternative other than to award the amount of $707.54.  The Employer is also directed to make good the FNPF contribution based on the gross wage rate of $769.07. 
5.	That amount is calculated at $61.63. The payments to the Worker are ordered to take place within 14 days hereof.

Application for Other Costs
6.	The Grievor has travelled all the way from Lautoka and has sacrificed one day’s pay to do so (based on $38) and has incurred transport costs of $34.40.  I will include a further $15.00 for miscellaneous costs, making the total amount of $89.40. 
7.	The Employer shall pay costs incurred by the Worker in the amount of $89.40. Such amount to be paid within 14 days. I order accordingly.

 

Mr Andrew J See 
Resident Magistrate