14 Jul 2020

Fiji court dismisses ATS injunction over mass terminations

12:45 pm on 14 July 2020

Fiji's High Court has denied an application for an injunction against the termination of the Air Terminal Services staff.

The Federated Airlines Staff Association had sought Court intervention on behalf of 595 staff who were given their termination letters last month.

Fiji Nadi Airport

Fiji's Nadi Airport Photo: RNZ / Bridget Tunnicliffe

ATS laid off its workers, saying it could not provide work because it had suffered a 95 percent reduction in work because of the Covid-19 pandemic.

The Court said mandatory injunction or re-instating workers was misconceived and the principle of common law was that compensation was the employee's normal remedy.

It ruled that ATS exercised its contractual and statutory rights by giving two weeks' notice of termination, which was also permitted in the collective agreement.

In its court submissions, ATS said vacancies were advertised after staff were laid off in order to have a pool of workers on an ad hoc need basis.

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