Fiji Bank and Finance Sector Employees Union v NBF Asset Management Bank [2004] FJAT 17; Award 10 of 2004 (29 March 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO: 10 of 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

NBF ASSET MANAGEMENT BANK

FBFSEU: Mr Nagin, Mr Rae
AMB: Ratu Joni Madraiwiwi

DECISION

This is a dispute between the Fiji Bank and Finance Sector Employees Union (the "Union") and the NBF Asset Management Bank (the "Bank") concerning the termination of employment of Mr Tony Bidesi (the "grievor").

On 12 February 2003 a trade dispute was reported to the Permanent Secretary. The Permanent Secretary accepted the report and referred the dispute to a Disputes Committee on 23 July 2003. The Committee was unable to reach a consensus decision 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 11 August 2003 with the following term of reference:

" .... for settlement over the termination of employment of Mr Tony Bidesi by the Bank with effect from 23 July 1996 which action the Union claims as wrong, unlawful, unjust, unreasonable and unfair and therefore seeks his reinstatement without loss of pay and benefits and payment of all outstanding salaries and benefits since his suspension".

The Dispute came on for preliminary hearing on 18 September 2003. The then Permanent Arbitrator advised the parties that he felt compelled to disqualify himself due a conflict of interest.

The Dispute was relisted for mention before the newly appointed Permanent Arbitrator on 19 January 2004. On that day the parties were directed to file preliminary submissions by 16 March and the Dispute was fixed for hearing on 23 March 2004.

The parties filed comprehensive and helpful submissions. On the morning of the hearing the Tribunal was informed that the parties were having discussions with a view to reaching a settlement.

On the same day the Tribunal was informed that the Dispute had settled. A document signed by or on behalf of the parties and dated 23 March 2004 was filed with the Tribunal. The document which sets out the terms of settlement agreed to by the parties is attached to this Award.

AWARD

By consent the dispute is settled in the terms set out in the attached Deed of Settlement dated 23 March 2004 and signed by the parties.

DATED at Suva this 29^th day of March 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL