Fiji Sun

Court strikes off authority’s summon for former employee

He alleged that the terminatio­n of his employment in those circumstan­ces was unjust and unlawful.

- ASHNA KUMAR

The Land Transport Authority’s (LTA) summon to strike out a former employee’s employment action has been struck off by the Employment High Court.

Uday Raj Singh filed an action against LTA stating that after serving LTA in several positions, he was appointed the regional manager, central and eastern of LTA on October 1, 2012.

Thereafter, Mr Singh complained that his employment was terminated on July 13, 2012, although he could have continued in employment for a further four years until the age of 60. He claimed that other employees of LTA were allowed to continue in employment until the age of retirement stipulated by the partnershi­p agreement. He alleged that the terminatio­n of his employment, in those circumstan­ces, was unjust and unlawful.

LTA denied Mr Singh’s claim and pleaded that his contract lapsed after the duration of a year on July 12, 2013, and stated that upon expiry, the contract was not renewed.

After summons for directions were filed and discovery completed, LTA filed a summons to strike out Mr Singh’s action, that it was scandalous, frivolous, or vexatious and that it was an abuse of the process of the court.

Employment Court Judge Javed Mansoor said LTA tendered copies of the several contracts on which Mr Singh was employed since 2003 and referred to a partnershi­p agreement, the terms of which were considered part of the employment contract.

He said the employment contract would prevail if there was any inconsiste­ncy between its provisions and those of the partnershi­p agreement. He said the matter in dispute between the parties concerned the worker’s retirement age.

“There is no mention of retirement in the employment contract, which was initially for the duration of a year and was renewed twice,” Justice Mansoor said.

The Judge struck off LTA’s summons to strike out Mr Singh’s action and ordered parties to bear their own costs.

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