Employment Relations Tribunal

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Key Information

CONTACT THE EMPLOYMENT RELATIONS TRIBUNAL

BUSINESS HOURS:

Mondays – Thursdays: 8:00 AM – 4:30 PM

Fridays: 8:00 AM – 4:00 PM (except for gazetted Public Holidays)

 

CONTACT DETAILS:

Level 5, Civic House, Victoria Parade, Suva.

PO BOX 2215 Government Bldgs, Suva, Fiji

 

General Enquiries: +679 8925374

Email: ert.judiciary@gmail.com

 

 

CONTACT THE EMPLOYMENT RELATIONS TRIBUNAL ONLINE:

 

    The Employment Relations Tribunal is newly established under Section 202, Part 20 of the Employment Relations Act and its jurisdiction is much wider than that of the former Arbitration Tribunal. If employment disputes or employment grievances are not resolved at the Mediation Service, the Employment Relations Tribunal assists employers and their representatives and workers and their representatives, trade union by adjudicating and determining any grievance or dispute between parties to employment contracts. The Tribunal also assists the disputing parties to amicably settle disputes and have it in writing as a binding award or decision. In adjudication proceedings, there is also a requirement on the tribunal to provide mediation assistance to the disputing parties when the need arises.

    Tribunal Members

    1. Resident Magistrate Ms. Deepika Prakash
    2. Resident Magistrate Ms. Mary Motofaga
    3. Legal Tribunal Mr. Aleem Shah 
    4. Non-Legal Tribunal Ms. Shannon Toutou 

    Jurisdiction of Employment Tribunal

    As per Section 211 of the Employment Relations Act 2007;

     

    (1) The tribunal has jurisdiction—

    a: to adjudicate on employment grievances;
    b: to adjudicate on employment disputes;
    c: to adjudicate on whether a contract for service is a contract of service;
    d: to adjudicate on all actions under this Act for the recovery of wages or other money;
    e: to adjudicate on all actions involving entitlements and related matters provided for by this Act;
    f: to make a compliance order under section 212;
    g: to adjudicate on actions for breach of an employment contract;
    h: to adjudicate on a question connected with the construction of an employment contract, which arises in the course of proceedings properly brought before the tribunal;
    i: to adjudicate on a question connected with the construction of a provision of this Act or any other written law, which arises in the course of proceedings properly brought before the tribunal, notwithstanding that the question concerns the meaning of this Act under which the tribunal is constituted or under which the tribunal operates in a particular case;
    j: to adjudicate on matters referred to the tribunal by the Permanent Secretary;
    k: to adjudicate on matters referred to it by the Mediation Services or any party to the mediation;
    l: to hear and determine any appeal referred to it under this Act;
    m: to adjudicate on matters relating to equal employment opportunities under Part 9;
    n: to adjudicate on any matter relating to trade unions or their members, including whether the rules of a trade union comply with the provisions of this Act;
    o: to hear and determine any appeal against any notice issued by a labour officer or a labour inspector under section 19;
    p: to hear and determine any matter under the Workmen’s Compensation Act 1964;
    q: to hear and determine any appeal against any notice issued by a Health and Safety Inspector under Part 8 of the Health and Safety at Work Act 1996; and
    r: to exercise other powers and functions as are conferred on it by this Act or any other written law.
    (2) Subject to subsection (3), the tribunal has power—

    to adjudicate on matters within its jurisdiction relating to claims up to $40,000; and
    to hear and determine offences against this Act, as are prescribed by regulations.
    (3) The tribunal has powers to impose fines not exceeding $2,000 or a term of imprisonment not exceeding 2 years; otherwise, it may refer the matter to the court for sentencing.

    (4) The members of the tribunal who are not legally qualified have powers to adjudicate on matters within its jurisdiction relating to claims up to $10,000, however they do not have jurisdiction to hear and determine matters under subsection (2)(b).

    Filing Fees

     

    Documents Fees
    Writ of Summons, Extra Defendant ( $5.75) $28.75
    Amended Writ of Summons $11.50
    Notice of Motion $17.25
    Notice of Intention to Defend $5.75
    Statement of Defense $11.50
    Reply to Defence  $11.50
    Defence to Counter Claim $11.50
    Summons to Witness (Subpoena) & Praecipe $5.75
    Notice of Change of Solicitors $5.75
    Notice of Discontinuance $5.75
    Order $5.75
    Affidavits (All ) $5.75
    Submission FREE
    Search Fees $2.30
    Workman’s Compensation $46.00

    1: For other fees, please refer to the Magistrates Court Civil Fees
    2: Payments are to be done at High Court Civil Registry, provided you receive an Advice of payment slip from the Employment Relations Tribunal Registry.