BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2004] FJAT 23; Award 17 of 2004 (25 May 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO: 17 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

B.P. (S.S) CO. LTD AND W.R. CARPENTER GROUPS
SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Association: Mr A Singh with Mr M Lal
Carpenters: Mr J Waqaivolavola

DECISION

This is a dispute between B.P.(S.S) Co. Ltd. and W.R Carpenter Groups Salaried Staff Association (the "Association") and Carpenters Fiji Limited (the "Employer") concerning the termination of employment of Mr Semi Toutou (the ‘Grievor").

By letter dated 5 June 2002 from the Association a trade dispute was reported to the Permanent Secretary. The Report was accepted by the Permanent Secretary who subsequently referred the Dispute to a Disputes Committee. The Dispute was not resolved and consequently the Minister authorized the Permanent Secretary 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 Arbitration on 10 January 2003 with the following terms of reference:

"..... for settlement over the termination of Mr Semi Toutou from MH Nabua, with effect from 18 January 2002 which action the Association claims as unjust, unfair, harsh and wrong and amounts to denial of natural justice. Therefore, the Association seeks the re-instatement of Mr Toutou without loss of salary and other benefits from the date of termination".

The Dispute came on for preliminary hearing on 11 February 2003. On that day the parties were directed to file preliminary submissions on or before 30 April 2003 and the Dispute was fixed for hearing on 28 May 2003. That date was subsequently vacated and the Dispute was heard on 8 July 2003. At the conclusion of the evidence the parties were directed to file final submissions within 21 days. The parties filed their final submissions by 5 August.

Due to the appointment of a new Permanent Arbitrator it became necessary to re-list the Dispute for mention on 19 January and 3 March 2004. The Dispute was listed for re-hearing on 10-11 May 2004.

On the morning of the hearing the Tribunal was informed that the parties were having discussions with a view to reaching a settlement. The hearing was stood down to enable discussions to continue.

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 13 May 2004 was filed with the Tribunal. The document sets out the terms of settlement agreed to by the parties. The parties have agreed that the terms of settlement will remain confidential.

AWARD

By consent the Dispute is settled in the terms set out in the agreement dated 13 May 2004 and signed by the parties.

DATED at Suva this 25^th day of May 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL