Labour Officer v Khan Brothers Bulldozing Works Ltd [2018] FJET 38; ERT WC 25 of 2018 (3 December 2018)

Interlocutory Decision

Title of Matter:	Labour Officer v Khan Brothers Bulldozing Works Ltd
Section:	Section 6 Workmen’s Compensation Act 1964
Subject:	Claim for Compensation in Case of Fatality
Matter Number:	ERT WC No 25 of 2018
Appearances:	Ms V Doge, for the Labour Office Mr Singh, Samsamuvodre Sharma Lawyers, for the Defendant Employer
Date of Hearing:	Monday 3 December 2018
Before:	Mr Andrew J See, Resident Magistrate
Date of Decision:	Monday 3 December 2018

KEYWORDS: Capacity for widow to settle a claim commenced by Labour Officer; Duty of defendant lawyers to ensure Labour Office is apprised of any attempts to settle claim.

[1] The Tribunal has considered the submissions of the parties and is of the view that the Terms of Settlement entered into between the deceased’s widow Ms. Musharat Bi and the Director of the Defendant, Mohammed Nasid Khan, has no bearing on the present application before it.
[2] The Application in these proceedings has been commenced by the Labour Officer on behalf of the dependents of the Deceased Worker.
[3] As the Labour Officer is not a party to the Deed of Settlement dated 3 April 2017, nor was the Agreement in place prior to the Notice of Claim (17/1/17) being served on the Employer, there is no reason why the claim for Statutory Compensation should not proceed.
[4] It should have been abundantly clear to the lawyers for the Employer, that upon receipt of a Notice of Claim served by the Labour Office on that Employer, that the Labour Office be the starting place for any discussions regarding liability under the Act.
[5] That it appears the legal representatives for the Employer directly approached the deceased’s widow and thereafter sought to undermine the Statutory Claim process, is a matter warranting further examination by an independent body.
[6] In the case of this threshold matter, it is the decision of this Tribunal that the statutory application should now continue to trial, in a manner consistent with the policy imperatives made clear in Section 30 of the Act.
[7] The matter will be listed for hearing in Lautoka on 22 January 2019, at a time not before 12 noon.

Andrew J See
Resident Magistrate