Fiji Public Service Association v Fiji Daily Post Company Limited [2004] FJAT 13; Award 06 of 2004 (4 March 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO.6 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI DAILY POST COMPANY LIMITED

FPSA: Mr R Singh
Daily Post: Mr D Sharma

DECISION

This is a dispute between the Fiji Public Service Association (the "Union") and Fiji Daily Post Company Limited (the "Employer") concerning the reduction of Mr Mosese Velia’s salary and the subsequent dismissal of Mr Velia (the "grievor") from the Daily Post on about 15 January 2003.

On 12 June 2003 a trade dispute was reported to the Permanent Secretary. The Permanent Secretary accepted the Report on 15 July 2003 and referred the dispute to a Disputes Committee. The employer declined to recommend a person for appointment to the Committee and as a result the Minister authorized the Permanent Secretary to refer the dispute to the Arbitration Tribunal for settlement pursuant to section 5A(5) (a) of the Trade Disputes Act Cap.97.

The Dispute was referred to the Permanent Arbitrator on 26 September 2003 with the following terms of reference:

"...... for settlement over the following matters:

The unlawful reduction of Mr Mosese Velia’s salary by the Fiji Daily Post Company Limited and their refusal to accede to the Union’s demands to recompensate Mr Mosese Velia for his reduction in salary.

The unlawful dismissal of Mosese Velia by the Daily Post Limited and their refusal to reinstate him without loss of salary and benefits".

The Dispute was listed for Preliminary hearing on 21 October 2003. On that day, as the Employer failed to appear, the dispute was listed for mention on 4 November 2003. On that day, the parties were directed to file preliminary submissions on or before 31 December 2003 and the dispute was listed for hearing on 3 February 2004.

The Union filed its submission on 31 December 2003 and the Employer eventually did so on 9 February 2004.

When the dispute was called for hearing on 3 February 2004 the Employer sought an adjournment on the grounds that Mr Usumaki, the current Chief Executive Officer, was overseas and would be returning on the following Saturday. The dispute was relisted for hearing on 12 February 2004.

The hearing commenced on 12 February and during the course of proceedings the parties requested an adjournment in order to have further discussions with a view to settling the dispute. As a result the hearing was adjourned to 18 February 2004 for mention and was on that day listed for continuation of hearing on 23 February 2004.

On 23 February 2004 the Tribunal was informed that the dispute had been settled and that the terms of settlement would be made available to the Tribunal within the week for inclusion in a consent award.

AWARD

By consent the dispute is settled in the terms set out in the attached Terms of Settlement dated 2 March 2004 and signed by the Parties.

DATED at Suva this 4th day of March 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL