Delai v Minister of Communications Transport & Works [1990] FijiLawRp 19; [1990] 36 FLR 85 (28 June 1990)

[1990] 36 FLR 85

HIGH COURT OF FIJI

Civil Jurisdiction

LEPANI DELAI

v

THE MINISTER OF COMMUNICATIONS, TRANSPORT & WORKS & THE ATTORNEY GENERAL

Palmer J

28 June 1990

Employment - action for wrongful dismissal - availability of reinstatement measure of damages.

Damages - wrongful dismissal - measure of.

The Plaintiff who was an unestablished public servant was summarily dismissed for a "serious act of indiscipline" after causing a road accident. The High Court HELD: (1) that previous conduct was not an element of such an act (ii) that the dismissal was wrongful (iii) that reinstatement was not an available remedy and (iv) that the measure of damages was the amount the employee could have earned during the lawful contractual termination period.

Cases cited:

Catherine Verma v The Consumer Council of Fiji (FCA Civ. App. 51/80)
Malloch v Aberdeen Corporation [1971] 2 All ER 1278

Ram Chand for the Plaintiff
Ratu Joni Madraiwiwi & Ms. G. Philips for the Defendants

Action in the High Court for damages for wrongful dismissal.

Palmer J:

This is an action instituted on 31 August 1988 for wrongful dismissal of the Plaintiff by the Defendants on 13^th May 1986. The Plaintiff was a driver employed by the Public Works Department. On the 27^th April 1986 the truck he was driving was involved in a collision with another truck also owned by the Public Works Department. It is common ground that his dismissal on the 13^th May 1986 was a direct result of that accident and the departmental view that he was to blame for the same.