Lata v Entec Ltd [2017] FJET 26; ERT Misc Application 35 of 2017 (5 December 2017)

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 25^th of August, the 4^th of October, the 9^th of October and now today the 5^th 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