Litia Cava 
The Employment Relations Court has ruled that Yatu Lau Company Limited unlawfully and unfairly terminated its Finance Manager and Board Secretary Salote Tuifagalele.
Delivering her judgment, High Court judge Justice Anjala Wati found that Tuifagalele’s contract, which expired in July 2019 was effectively renewed when she continued working for another four months.
Under the Employment Relations Act, this amounted to a new contract of indefinite duration.
Justice Wati said the company failed to give Tuifagalele the one month’s notice or payment in lieu required under her contract.
Instead, she was abruptly informed in December 2019 that her employment had ended weeks earlier.
The court also heard that Tuifagalele was sidelined while still in employment, told not to enter the office, and stopped receiving her wages without explanation.
Justice Wati described the treatment as unfair and humiliating, adding that the employer showed a lack of empathy while she was dealing with family health issues.
Tuifagalele was awarded one year’s salary, outstanding FNPF contributions, pre-judgment interest, and $10,000 for unfair dismissal, amounting to $64,032.55.
Yatu Lau Company Limited was also ordered to pay $5,500 in legal costs within one month.
Justice Wati concluded that the company breached both Tuifagalele’s contract and the Employment Relations Act, stressing that employers must follow lawful procedures and treat workers fairly when ending contracts.
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