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Commercial Law Updates

Fiji Employment Law: when summary dismissal of an employee goes wrong

Sep 17, 2018 / by Ana Tuiwawa and Mary Muir posted in Fiji's Constitution, Fiji employment law, Dismissal, Summary dismissal, Fiji immigration law, Commercial lawyers Fiji, Fiji commercial lawyers

Pursuant to Fiji law, in situations of serious employee misconduct the employer has two choices, either:

  • a summary dismissal for cause (as set out in section 33 of the Employment Relations Act) when the employer is certain of the facts and those facts warrant immediate termination of employment; or
  • to undertake a disciplinary inquiry to ascertain all the facts and then, if those facts are proven, take appropriate disciplinary action that may include termination of employment, suspension from employment or written warning.

In both situations, the employer is acting “for cause” and, if the employer terminates the employee’s employment, must provide the employee with written reasons for the termination of employment at the time of termination.

In this employment law update we consider summary dismissal (on the spot termination without a disciplinary inquiry process) and note that a recent judgement of Sanjay Lal v Carpenters Fiji Limited (Sanjay Lal v Carpenters) issued from the Employment Relations Court (“ERC”) on 10 August 2018 provides some useful guidance from the ERC in relation to summary dismissal.

In a previous commercial legal update we provided some general information regarding the employer's duties relating to dismissing an employee for misconduct. This update can be found: here

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Fiji Immigration Law: Recent policy change on 14 day business permits

Apr 23, 2018 / by Seini Tinaikoro posted in Disciplinary process, Fiji immigration law, Fiji work permits, Investing in Fiji, Commercial law Fiji, Fiji lawyers

In our Commercial Law update issued on 28 January, 2018 we provided an update on the policy changes made by the Immigration Department regarding work permits which can be found here

This further update specifically addresses recent policy changes by the Immigration Department to the 14 days business permit that may, once issued, be extended up to 3 months. This policy change by Fiji's Immigration Department means that it has now reverted to its original policy that enables 14 days business permits be extended for a period of up to 3 months by operation of section 9 (2) (c) of the Immigration Act 2003. 

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Fiji Immigration law: Policy change regarding extension of business permits

Jan 29, 2018 / by Ronlyn Sahib posted in Fiji law, Fiji immigration law, Fiji work permits

As of 16 January 2018, the Fiji Immigration Department will no longer accept the following applications:

  • Short term work permit application – a type of permit given to an applicant for a term up to six months where the employer can show that the applicant’s expertise and knowledge is required urgently in Fiji; and
  • Extension of 14-day business visa – an extension of up to three (3) months granted by operation of Section 9 (2) (c) of the Immigration Act 2003.

We briefly update on this change in Fiji Immigration policy.

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