Union takes employer to court saying Lautoka lockdown was not an Act of God

Employees of Lautoka garment manufacturer, Danam (Fiji) Pte Limited who are members of the National Union of Workers have taken their employer to court as the union contends that the Lautoka COVID-19 lockdown was not an Act of God in March this year.

Danam has about 600 workers and the union says the company did not pay it’s employees during the Lautoka lockdown period of 18 days.

The National Union of Workers says their members were denied their 2 weeks of wages and any supplementary assistance from the company.

The union contends that the Lautoka lockdown was not an Act of God as per the provisions of the Employment Relations Act. It says it was done as per the government’s directive on the COVID-19 crisis in the country. It says it is the employer’s duty to continue to pay their employees during the 2 weeks that they were without work.

The union also contends that the Employment Relations Act states that an employer must unless the worker has broken his or her contract of service or the contract is frustrated or its performance prevented by an Act of God, provide the worker with work in accordance with the contract during the period for which the contract is binding on a number of days equal to the number of working days expressly provided for in the contract, and if the employer fails to provide work to the worker, the employer, pay to the worker, in respect of every day on which the employer so fails, wages at the same rate as if the worker had performed the days work.

The union claims Danam is liable to pay wages during the Lautoka lockdown period of 18 days. The case will be called before the Employment Relations Tribunal tomorrow.

Danam (Fiji) Pte Limited is defending the claim and is represented by Shailend Krishna of Krishna & Co.

Felix Anthony represents the union.