Parmeshwar v Minister for Tourism, Transport & Civil Aviation [1982] FijiLawRp 1; [1982] 27 FLR 136 (29 October 1982)

[1982] 27 FLR 136

SUPREME COURT OF FIJI

Civil Jurisdiction

PARMESHWAR

v

THE MINISTER FOR TOURISM, TRANSPORT & CIVIL AVIATION & THE ATTORNEY-GENERAL IN AND FOR THE FIJI

Kermode J.

29 October 1982

Industrial Law - Trade Disputes - Shipyard Manager - Notice of Downgrading invalid - Declaration therefor purported regrading null and void.

V. Maharaj for Plaintiff
J. K. L. Maharaj for Defendant

Application by plaintiff for a declaration that a purported regrading of him by the Shipyard Manager of the Government Shipyard was null and void and an order reinstating him to his former grading as an employee.

The plaintiff was in a category "Government Unestablished Employee", in respect of which written conditions and rules for employment were agreed to by the Joint Industrial Council (JIC) for Government Unestablished employees on 29 December 1976 and came into force on 1 January 1968.

Facts proven or accepted by the court included:

In 1978 plaintiff was engaged by the Public Works Department (PWD) as an Assistant Plumber.

On 17 February 1981 he completed an application form seeking employment in the Marine Department as a Boilermaker disclosing therein that he was then employed by the PWD as an Assistant Plumber.

Upon interview it was noted that plaintiff would be suitable for employment as a Welder or an Assistant Platemaker and that he was already employed as an Assistant Plumber.

The Supervisor who tested him recorded that the test result was "very good" and recommended he should start immediately as a Platemaker.

The Shipyard Manager confirmed the Supervisor's recommendation.

The plaintiff was engaged as a Platemaker on 6 March 1981.

On or about 16 September 1981 without prior notice or explanation plaintiff received a Marine Department "regrading sheet" notifying him of his new classification as Assistant Platemaker with a rate of pay lower by $1.41 (per hour). The date of commencement of the new classification was 11 September 1981.

This regrading sheet was one of downgrading and reduction to plaintiff's hourly rate with retrospective effect.

The Senior Supervisor of the Government Shipyard said in evidence he had no complaints about the plaintiffs work which previously was up to standard.