Court

USP’s application for interim injunction refused

November 27, 2024 12:34 pm

The University of the South Pacific’s application for an interim injunction to halt any further action for strike by the staff unions has been refused by the Civil High Court in Suva.

This is in relation to a strike action undertaken by the Association of USP Staff and USP Staff Union, calling for the removal of Vice Chancellor and President Professor Pal Ahluwalia on October 18th this year.

In the ruling, Judge, Justice Chaitanya Lakshman says there is no dispute that a proper and lawful strike ballot was held in which members of the staff unions voted to strike.

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Justice Lakshman says the argument on behalf of USP is based on the appeal that is before the Employment Tribunal, and he will not usurp the role of the Tribunal that has to determine the appeal which lies to the Civil High Court.

He says the issue of the lawfulness of the strike is also before the Employment Tribunal.

Justice Lakshman concluded that there is no arguable case, and the balance of convenience does not favor the granting of an interim injunction.

USP has been ordered to pay $1000 each to the four defendants; the Permanent Secretary for Employment, Productivity and Workplace Relations, Ministry of Employment, Productivity and Workplace Relations, Association of the University of the South Pacific Staff, University of the South Pacific Staff Union, and the Attorney General of Fiji.