Qabale v Public Employees Union [2004] FJHC 393; HBC0296.1995L (24 March 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0296 OF 1995L

BETWEEN:

ATUNAISA QABALE
1st Plaintiff

AND:

MESAKE VAKALOLOMA
2nd Plaintiff

AND:

KORESI ROBANAKADAVU
3rd Plaintiff

AND:

VILIAME TUNAVAKI
4th Plaintiff

AND:

PUBLIC EMPLOYEES UNION
a Union duly registered under the Trade Unions Act.
Defendant

Counsel for the Plaintiffs: Mr. K. Vuataki
Counsel for the Defendant: No appearance

Date of Hearing & Judgment: 24 March 2004

EXTEMPORE JUDGMENT

This matter was commenced by the filing of a Writ in this court on the 6th September 1995. That Writ was filed on behalf of the four plaintiffs against the defendant and it claimed wages to August 1995 and thereafter until judgment.

The wages were owed by the defendant to the plaintiffs as a result of the failure of the defendant to pay wages after what appears to have been a significant disruption to the operation of the defendant in Fiji and relevantly at the Lautoka office. Each of the plaintiffs were employed by the defendant in various capacities.

The defendant failed to file any defence to the Writ and accordingly, on the 13^th of October 1995, judgement was entered against the defendant in favour of the plaintiffs by default. That judgment provided in Clause (v), that general damages be assessed by the court, it is that order that brings the matter now before this court all be it some eight and a half years later.

The general damages that are sought by each of the plaintiffs are the unpaid wages between August 1995 and the 13^th October 1995 being the date of judgment together with the unpaid FNPF contributions.

Each of the plaintiffs has submitted to the court, calculations of the wages from August to the 13^th of October and the outstanding FNPF contributions. Each of the plaintiffs is entitled to receive those wages and those contributions. I should note that the 3^rd plaintiff passed away on the 14^th of November 1996, some 13 months after, judgement was entered in his favour against the defendant.

The Orders of the Court therefore will be: -

1. With respect to the 1^st plaintiff, as to wages outstanding for the period August 1995 to 13 October 1995, One Thousand, Ninety-Two Dollars and Thirty Cents ($1,092.30) and as to unpaid FNPF contributions, the sum of One Thousand, Six Hundred and Forty-two Dollars and Thirty-six Cents ($1,642.36).
   
2. As to the 2^nd plaintiff, as to wages unpaid for the period August 1995 to 13 October 1995, the sum of Five Hundred and Sixty One Dollars ($561.00) and as to unpaid FNPF contributions, the sum of Eight Hundred and Eleven Dollars, Thirty Seven Cents ($811.37).
   
3. As to the 3^rd plaintiff, with respect to wages for the period August 1995 to 13 October 1995, the sum of Six Hundred and Ninety Three Dollars ($6,093.00) and as to unpaid FNPF contributions, the sum of Nine Hundred and Eighty Five Dollars and Eighty One Cents ($985.81).
   
4. As to the 4^th plaintiff, for wages unpaid for the period August 1995 to 13 October 1995, the sum of Three Hundred and Ninety Six Dollars ($396.00) and as to unpaid FNPF contributions, the sum of Four Hundred and Thirty Six and Ninety Eight Cents ($436.98).
   
5. I order the defendant to pay the plaintiffs’ costs, which I assess in the sum of Three Thousand Dollars ($3,000.00).
   

JOHN CONNORS
JUDGE

AT LAUTOKA
24 March 2004