National Union of Municipal Workers v Labasa Town Council [2004] FJAT 22; Award 16 of 2004 (25 May 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 16 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF MUNICIPAL WORKERS

AND

LABASA TOWN COUNCIL

DECISION

This is a dispute between the National Union of Municipal Workers (the "Union") and the Labasa Town Council (the "Employer") concerning the termination of employment of Shiu Narayan.

A trade dispute was reported on 27 January 2004 to the Chief Executive Officer and was accepted on 30 January 2004. The Dispute was then referred to a Disputes Committee. The Employer failed to nominate its member to that Committee and as a result the Minister authorized the Chief Executive Officer to refer the Dispute to an 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 14 April 2004 with the following terms of reference:

".... For settlement over the termination of employment of Shiu Narayan with effect from 1 January 2004. The Union views the Council’s action as:

(i) Unreasonable, unjust and unfair.

(ii) Discrimination in employment against Shiu Narayan on the grounds of age.

(iii) In breach of the Collective Agreement clause 25(i).

And seeks Shiu Narayan’s re-instatement without loss of pay and benefits".

By letter dated 11 May 2004 the Tribunal was informed by the Town Clerk Labasa Town Council that the Employer had re-instated Shiu Narayan with effect from 1 January 2004. The Employer requested that the dispute proceedings before the Tribunal be discontinued. The Employer attached a copy of a letter dated 11 May 2004 addressed to the General Secretary of the Union which set out the details of the settlement and which requested that the Union withdraw the Arbitration proceedings.

When the Dispute came on for a preliminary hearing on 12 May 2004 the Union advised the Tribunal that the Union consented to the proceedings being discontinued and that the Union was formally withdrawing the dispute.

AWARD

By consent the dispute is withdrawn and the proceedings discontinued.

DATED at Suva this day 25^th of May 2004.

Mr W D Calanchini
ARBITRATION TRIBUNAL