Allowance dispute ruling
THE Employment Relations Court has ruled the Fiji Revenue and Customs Service (FRCS) was correct in paying $50,000 in acting allowance to its then acting CEO Jonetani Vuto between January 16 and September 17, 2021.
Mr Vuto had claimed he should have been paid $88,719.40.
FRCS told the court Mr Vuto was paid $50,000 in acting allowance which was approved by the Minister for Economy, and that he had accepted the payment throughout his acting period of eight months.
“The plaintiff (Mr Vuto) was appointed by the defendant (FRCS) in consultation with the minister after he accepted the terms of his appointment,” Justice Javed Mansoor said in his January 30 ruling.
“The appointment of the CEO and that of an acting appointment is not on the same footing as that of other employees. Section 26 of the FRCS
...the defendant cannot be said to have been in breach of the plaintiff’s employment contract
– Justice Javed Mansoor
Act concerns the appointment of employees, agents and consultants.
“A separate provision — section 27 — governs the appointment and functions of the chief executive officer. The court is of the view that any policy concerning employees of the service must give way to the provision in section 27 of the FRCS Act concerning the appointment of the chief executive officer.
“The section provides that the service may appoint the chief executive officer, after consultation with the minister, on such terms and conditions as it may determine, and stands distinct from section 26 of the Act, which is applicable to all other employees of the Act.
“For these reasons, the defendant (FRCS) cannot be said to have been in breach of the plaintiff’s employment contract.”