The Labasa Magistrates Court has acquitted Vuo Supermarket of charges concerning the non-payment of Fiji National Provident Fund (FNPF) contributions for Penisoni Rokosi, an alleged employee, during April to September 2022. The ruling was based on insufficient evidence provided by the prosecution that failed to establish an employment relationship between Rokosi and the supermarket.
Magistrate Safaira Ratu highlighted key shortcomings in the prosecution’s case, including a lack of substantial proof of Rokosi’s employment with Vuo Supermarket. It was found that state witnesses presented payslips unrelated to the charges, and the investigating officer admitted to incorrect manual entries into the FNPF portal without proper employment contracts to back them. There was also no direct complaint made by Rokosi himself, who remains employed at Vuo Supermarket; additionally, evidence surfaced revealing the use of Rokosi’s phone without his consent to file a complaint.
Jitendra Chand, Managing Director of Vuo Supermarket, expressed relief at the ruling, noting how a relatively minor sum of $287.34 had been a burden over two years. He highlighted that the individuals involved worked under a contractor, not as direct employees. Chand argued that the FNPF, as a significant institution, should support rather than penalize small businesses like his. The magistrate’s decision prevents any further action by the FNPF against Vuo Supermarket regarding these allegations.
This verdict contrasts with other recent legal actions concerning wage disputes, emphasizing the importance of robust evidence and proper processes in employer-employee contribution cases. It illustrates the ongoing challenges small businesses face with changing and complex regulatory requirements, stressing the need for improved communication between new enterprises and regulatory entities. This case serves as a testament to the difficulties encountered by small enterprises in aligning with larger institutional frameworks, further underlining the importance of clarity in regulatory practices.