Ruling in the case of the employees of Danam (Fiji) Pte Limited and their employer to be delivered on notice

The ruling in the case of the employees of Lautoka garment manufacturer, Danam (Fiji) Pte Limited and their employer will be delivered on notice.

The employees who are members of the National Union of Workers had taken their employer to court as the union contends that the Lautoka COVID-19 lockdown was not an Act of God in March last year.

Both parties agree that all non essential businesses were required to shut down and there was a gazette published on the 4th of April, 2020.

The Union is raising the issue as to whether the employer is an essential service, whether the Prime Minister had any powers to order the lockdown since the gazette was published on the 4th of April, 2020, hence was the lockdown legal.

They are also raising whether the gazette was valid or not from the 20th March 2020 and whether the performance of the contract was prevented by an Act of God.

The employer is questioning whether the operation of section 24 (1)(b) applies, whether or not the employer is liable to pay the employees during the lockdown period, whether the performance of contract of service between the employer and employees was frustrated and /or its performane prevented by an Act of God.