Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2004] FJAT 12; Award 05 of 2004 (23 February 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 5 OF 2004

AWARD OF THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI ISLANDS REVENUE AND CUSTOMS AUTHORITY

FPSA: Mr R Singh
FIRCA: Mr S Sharma

DECISION

This is a dispute between Fiji Public Service Association (the "Union") and Fiji Island Revenue and Customs Authority (the "Employer") over the termination of employment of Barbara Malimali (the "grievor") on 8 July 2003.

On 11 July 2003 a trade dispute concerning the termination of Ms Barbara Malimali was reported to the Permanent Secretary. The Report was accepted on 8 August 2003 by the Permanent Secretary who referred the dispute to a Disputes Committee.

The Disputes Committee was unable to come to agreement to resolve the Dispute and as a result the Minister authorized the Permanent Secretary to refer the trade dispute to an Arbitration Tribunal pursuant to section 5A(5) (a) of the Trade Disputes Act Cap.97.

The dispute was referred to arbitration on 19 September 2003 with the following terms of reference –

" ..... for settlement over the Employer’s decision to terminate Ms Barbara Malimali’s appointment on 8 July 2003 under the provisions of her letter of appointment dated 19 April 2000 which action the Union contends to be unreasonable, unjustified and unfair. The Union claims that she should be reinstated to her former position from the date of her termination without loss of salary and benefits".

The Dispute was listed for mention on 21 October 2003. On that day the parties were directed to file preliminary submissions on or before 30 January 2004 and the dispute was listed for hearing on 19 and 20 February 2004.

The Union filed its submissions on 6 February and the Employer on 9 February 2004.

The hearing of the Dispute commenced on 19 February and during the course of proceedings on that day the parties requested that the matter be stood down to allow discussion to take place with a view to settling the dispute.

On 20 February 2004 the Tribunal was informed that the dispute had been settled on terms which the parties had agreed would remain confidential. The parties advised the Tribunal that by consent the dispute was to be withdrawn and discontinued. A notice signed by the parties to this effect was filed with the Tribunal and is annexed hereto.

AWARD

By consent the dispute is withdrawn

DATED at Suva this 23^rd day of February 2004

Mr W D Calanchini

ARBITRATION TRIBUNAL