Reference no: EM133177509

Please do read the case study and answer the 4 questions at the end.

Case Study - Union vs Fiji Airways: Email constitutes internal appeal - lawyer

PACIFIC FIJI

An email from the Fiji Flight Attendants Union (FFAU) to Fiji Airways constituted an internal appeal, the union's lawyer has told the High Court in Suva.

Union president Josaia McGowan wrote to the airline's boss André Viljoen on 9 June 2020, requesting the company reconsider its decision to terminate all flight attendants.

McGowan also urged the company to adhere to the Collective Agreement and the Employment Act, which equated to the union.

Close to 800 staff including cabin crew and pilots were made redundant in May 2020 due to the Covid-19 pandemic.

In the termination letter, Fiji Airways said the severe effects of Covid-19, had resulted in the company taking the "drastic step".

On 12 July 2020, 245 members of the FFAU lodged grievances with the Fiji Mediation Centre.

On 12 March 2021, the Employment Relations Tribunal dismissed the airline's application to strike out the terminated flight attendants grievance claims.

In the Suva High Court last Friday, lawyer Jon Apted presented the union's submissions against Fiji Airways' application to seek leave to appeal the ruling.

Apted said the applicant company was of the position that the terminated workers had not exhausted their options for redress of their grievances within the company before they took the matter to the mediation centre.

Fiji Airways chief executive officer André Viljoen. Photo: RNZ Pacific/Lice Movono

He said McGowan's "asking for reconsideration, articulating that we don't believe you have complied with the collective agreement and the employment relations act".

"Fiji Airways has not exhausted all its options in taking this step, grounds of appeal, and we urge your consideration of this matter," Apted said.

Apted handed out extracts from the Oxford Concise Dictionary and the Australian Legal Dictionary to the parties and the bench, defining an appeal.

"The definition of an appeal is to make a serious or heart felt request, apply to a higher court for a reversal of a decision of a lower court.

"We would say, the email, met this definition."

Apted also said that on 15 June - a day after the 21 allotted for an employment grievance between an employee and employer of an essential industry to be lodged - Viljoen responded in a nearly two-page email stating the terminations were carried out and it was not possible to revisit the decision.

Devanesh Sharma, Gul Fatimah, Nilesh Prasad and Peter Seares appeared for the airline, and there were two appearances for the mediation centre.

Question 1

Being the Employer discuss what steps or line of action should the company take to avoid or maintain a good relationship with its employees.

Question 2

If you are an employee, explore and discuss the steps you should take to counter the action of your employer with justification.

Question 3

With reference to the case, evaluate and discuss with justification whether you support or disagree with the line of action taken by the employer.

Question 4

Industrial action is taken by employers or employees to settle a workplace dispute about working conditions. Briefly summarize the important issues or arguments highlighted in the case.