Fiji Human Rights Commission
Rights Quarterly
June 2007
Volume 6
Issue #2
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Complaints Case Studies -Case Study One : Intimidation and Harassment against RFMF

Laws: Sections 25(1), Section 23, Section 26, Section 27 of the 1997 Constitution, Section 17(1) of HRC Act 1999, ICCPR, ICESCR and UDHR.

The Commission received a complaint from an NGO [BM] on behalf of a female [CK] who alleged that military officers (CJ and Ors) had harassed her family to issue payments of $1,600 to a former employee that worked in their farm in 1996 and also to contribute to his FNPF.

A statement of claims dated 27/03/07 for issuance of payment on 07/04/07 by the Complainants was already done by coercion and under duress. The Commission investigated and attempted conciliation with the parties concerned.

Investigations and Conciliatory talks commenced with all parties whereby the RFMF HQ assisted to facilitate the outcome. The payments were cancelled and the signed document considered as invalid, null and void. Furthermore, the statute of limitations was deemed applicable in this case.

The Complainant [CK] communicated to the Commission dated 14/06/07 that the family was satisfied with the resolution attained and thanked the Commission for its assistance and effectiveness.

closure certificate has been issued to all parties and the complaint was marked as "Investigated, Conciliated and Closed" in the Commission's Complaints Management System (CMS).

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Complaints Case Studies -Case Study Two : Labour Relations

Laws: Bill of Rights, Sections 33(3) of 1997 Constitution; Section 17(3)(b) of the Human Rights Commission Act 10 of 1999; ILO C111 Discrimination (Employment and Occupation) Convention 1958, ratified by Fiji 17.04.02; ILO C100 Equal Remuneration 1951, ratified by Fiji 17.4.02; ICESCR (still not ratified by Fiji ) and UDHR.

The Commission received a complaint from a Fijian Male in the Central/Eastern division [TL] who was employed as a security officer for 12yrs and later as an assistant stock controller for 6yrs in a private company; TL advises that there was missing stock and he was verbally told to go home by the managing director and he assumed it was a disciplinary action of suspension on September 2006; As at February 2007, he still was not recalled to work nor given a decision from either the Manager or the Director that he had been dismissed from work.

FHRC commenced investigations. The Manager of the company advised that FHRC await the return of the Director [WV] who was on a business trip overseas. Thereafter his return, a Conciliation Conference was convened. WV informed the Commission that TL was not suspended and since he failed to return to work, the company hired a replacement staff.

The complaint was resolved and TL received a Certificate of Service; final wages with a pay slip detailing deductions and FNPF contributions as well as leave pay in lieu of annual leave entitlement was also given.

A closure certificate has been issued to all parties and the complaint was marked as "Investigated, Conciliated and Closed" in the Commission's Complaints Management System (CMS).

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