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The Civil High Court in Suva will rule on the University of the South Pacific’s application for injunction to halt any further action for strike by the staff unions next Wednesday.
On 18th October, members of Association of USP Staff and USP Staff Union undertook an action strike for the removal of Vice-Chancellor and President, Professor Pal Ahluwalia.
The members returned to work on 25th October after a week-long strike, but have threatened to undertake another action for strike if their demand is not met by the USP Council.
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USP’s lawyer Wylie Clarke and staff unions’ lawyer Siddarth Nandan presented their submissions for the application before Judge, Justice Chaitanya Lakshman today.
Clarke maintains that the action for the strike was unlawful as the members also protested for the reinstatement of Biology Lecturer and AUSPS President Dr Tamara Osbourne-Naikatini when their demand was only for the removal of Professor Pal Ahluwalia.
Dr Osbourne-Naikatini was dismissed following allegations that she had revealed confidential information about Professor Ahluwalia’s contract renewal review in an interview.
Clarke says any further action for strike would be out of the mandate legally given by members of AUSPS and USPSU in their secret ballot for a strike.
He also says the university is concerned about the impact of the disruption on students amidst their examinations that was caused by the strike action.
Nandan argues that the staff unions have followed due process for the strike under the Employment Relations Act and the application for injunction is vexatious as it has no serious issue to be tried in court.
He also says the fear of disruption on students by the strike has been exaggerated by USP.