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 said there is no dispute that a proper and lawful strike ballot was held in which members of the staff unions voted to strike.
Justice Lakshman said 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 said 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 favour the granting of an interim injunction.
USP has been ordered to pay $1000 (US$500) 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.
Meanwhile, a student who raised serious allegations of sexual harassment against a USP lecturer on behalf of more than 30 others, has not reported the matter to police.
The complainant said she is looking to the USP Council for justice.
The student, who spoke to FBC News on the condition of anonymity, says she contacted the council after she was informed via a letter that an investigation was carried out by the Human Resource Department and that the lecturer in question was handed a suspension notice with immediate effect.
Upon receipt of the suspension letter, the alleged perpetrator resigned.
USP, in the letter to the complainant, said that due to the alleged perpetrator’s resignation, the university would not be able to conduct further investigations.
The student, however, expressed dissatisfaction with what she viewed as a premature ending to the investigation, in light of the fact that USP has a zero-tolerance policy on sexual harassment.
The USP Council meeting is currently underway in the Cook Islands and the sexual harassment victims are hoping the matter will receive due attention.
Despite being advised by USP to report the matter to the Police formally, the student remains adamant she will wait for a response from the USP Council.
USP had earlier stated that they took such allegations seriously and the institution has zero tolerance for sexual harassment and bullying in their learning, teaching and working environment.
USP said investigations into the claims against the person in question were carried out following the necessary internal procedures and treated with the strictest confidence.
USP also said they can confirm that the case remains open under the alleged perpetrator’s employment records.
However, because the person has resigned, they could not compel him to participate as he was no longer bound by the university’s disciplinary processes
Another student revealed that a group of USP students have taken it upon themselves to gather evidence related to past sexual harassment allegations, claiming systemic issues and a culture of silence among victims.
She says students who allegedly fell victim to the perpetrator did not speak out as they were scared of victimisation.
