Fiji's Employment Relations Court has found an application by the University of the South Pacific - seeking 'further and better particulars' from a sacked senior staff member - had delayed his court case against the regional institution.
The former chief executive of the USP's Pacific Technical and Further Education department, Hasmukh Lal, is suing the university for his termination last year.
Dr Lal is also suing the USP for what he claims was the leaking of a report prepared by Vice Chancellor Pal Ahluwalia that contained allegations against him.
The USP had applied to the court seeking from Dr Lal what words were used by Professor Ahluwalia when he allegedly tried to blackmail and coerce Mr Lal.
But in her ruling on October 20 this year, Justice Anjala Wati says since there are no minutes of the meeting, the exact words spoken by Dr Lal cannot be identified.
"I do not think it is possible for anyone to remember the exact words of every communication or conversation unless there is an audio or other form of accurate recording," Justice Wati said.
"Why is there a need for the exact words spoken?" she said. "I do not see that it will make a difference to the defendant's ability to present its defence."
The USP had also sought details from Dr Lal of the aspersions against him in the report.
"If the VCP is the author of the report, which is not denied by the defendant (USP), then it is for the defendant to see whether any matter stated therein is an aspersion on the plaintiff's character," Justice Wati said.
"The matter is largely for the court to decide on whether any comments in the report casts aspersions on the plaintiff."
On the leakage of the report, Justice Wati said Dr Lal was not able to answer whether the VCP leaked the report as he had no knowledge of who did it.
"All that he knows is that the report was leaked. The VCP should know how it was leaked as he was the person who had the report.
"He has the authority to call for that investigation as to who leaked the report."
The USP was ordered to pay Dr Lal $US700 in court costs.
The case will be called again before Justice Wati after the discovery of documents.
USP Theatre Photo: USP
Dr Hasmukh Lal. Photo: Supplied