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Category: Legal opinions
As part of your exclusive FHTA membership benefits, we provide legal opinions on many areas of concern for clarification and interpretation. These tend to be generally in areas of HR/IR.
In this Members Only section, we will provide some clarification on matters that may be of interest to FHTA members and will update this as often as possible.
Standing Down of Workers and Family Care Leave
1. We refer to your email of 21st April 2020 seeking our legal views on two issues, mainly: (i) Whether an employer can “suspend a worker’s employment contract” without pay
Annual Leave Pay Calculation
Our views are requested on which wage / salary rate should be used to calculate leave pay during the implementation of “wage / salary reduction”. Our views are discussed below:
DETERMINATION OF THE EMPLOYMENT RELATIONS TRIBUNAL 27 SEP 2019, REGARDING RETIREMENT AGE
An FHTA member has kindly allowed the following ruling to be shared with other members: The following employment dispute was reported to the Permanent Secretary on 19 Feb 2019 and
Companies Act 2015 and Regulations
The following are the procedures and requirements under the Companies Act 2015, Companies (Amendment) Act 2016 and Companies Regulations 2015 with regards to:- a. company name changes required to include (for
Validity of Employment Contract of Union a Member
Under the Employment Relations Act 2007, a ‘collective agreement’ is an agreement made between a registered trade union of workers and an employer which:- (a) Prescribes (wholly or in part) the
Summary of Legal Opinion – February 2018
Legal Opinion Issue: Whether an employee who has been granted leave without pay is entitled to claim annul leave pay. How the annual leave pay is computed The case: A
Summary of Legal Opinions 2016 – 2017
The Association regularly seeks legal advice on behalf of their members to clarify issues in the Employment Relations Act (ERA), confirm legislative and regulatory processes and policies and support their
Payment of Licensing Fee to Fiji Performing Right Association Limited For Public Performance
Memorandum of Opinion
Cameras in Hotels
Legal Advice In absence at any express provision in relation to what constitutes a breach of private life, we advise that hotels are at liberty to install cameras on their premises
Initiation of Collective Bargaining
We are instructed that the Fiji Tourism Worker’s Union (“FTWU”) have served a notice on “the Resort” to initiate collective bargaining. We are instructed that FTWU have declined to disclose
Maternity Pay and Requirements of Notification
Whether an employee is entitled to maternity leave pay if she fails to notify the employer of her pregnancy and ceases to report to duties.
Authority to Deduct For Saving Scheme
Whether “the Resort” is required to comply with a request from “ the Union” to deduct money from workers wages towards a “saving scheme” incidentally introduced by the Union.
Staff Refusal to Leave a Property
Under the Crimes Decree 2009 (“the Act”), such conduct may constitute Criminal Trespass.
Staff Dismissal
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Liability for Maternity Leave Pay
Rights of Women on Maternity Leave It is important to determine whether the employee qualifies for maternity leave pay as per the provisions in the Employment Relations Promulgation 2007 [hereinafter