Two separate matters by former Fiji Revenue and Customs Service (FRCS) staff members that were before the Employment Relations Court have been consolidated and will be heard on August 9.
The matter was called before High Court judge Justice Mohamed Javed Mansoor yesterday.
The plaintiffs’ lawyer, Damodaran Nair said, the matter of Mohammed Asif Hanif and 42 other former employees of the FRCS were consolidated with the matter of Asenaca Masiwini and others, bringing the number of plaintiffs he represented to as many as 50.
The plaintiffs allege the process that led to their being made compulsorily redundant and their termination was unfair, while the defendant statutory body maintains that the process was fair.
Mr Nair made an application to the court for the parties to be at liberty to adduce witnesses in court as there would be a dispute of facts between the plaintiffs and the defendants.
He cited the case of Qarase v Bainimarama, where Justice Anthony Gates allowed the matter to continue with the originating summons, despite the likelihood of disputes of fact to arise, in the “greater interests of the justice of the matter”.
FRCS lawyer Eroni Qalo said he would consult with his principal legal officer on whether the FRCS would be objecting to Mr Nair’s application and would inform the court on the next date.
The matter will be called again for hearing on August 9.
