Transport Workers Union v Air Pacific Ltd [2004] FJAT 29; Award 23 of 2004 (7 July 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 23 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TRANSPORT WORKERS UNION

AND

AIR PACIFIC LIMITED

TWU: Mr A Singh
Air Pacific: Mr J Sloan

DECISION

This is a dispute between the Transport Workers Union (the Union) and Air Pacific Limited (the Company) concerning disciplinary action taken by the Company against Ms Susan Raddock.

A trade dispute was reported by the Union on 18 November 2002. The report was accepted by the Permanent Secretary on 12 December 2002 and referred to a Disputes Committee. As a consensus decision could not be reached the Minister authorized the Permanent Secretary to refer the trade 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 13 March 2003 with the following terms of reference:

".........for settlement over the Employer’s decision to take the following disciplinary action against Susan Raddock:

1. suspending Raddock without pay for the period 8 August – 27 August 2002 inclusive.

2. Demoting Raddock from Purser to the most junior line of the Senior Flight Attendant category for six months with all rostered operating duties inclusive.

3. Withdrawing Raddock’s staff travel entitlements for the period of six months.

The Union therefore claims that the disciplinary actions were unjustified, unreasonable and unfair and seeks its total withdrawal and re-instatement of Susan Raddock to her former position of Purser without loss of seniority and benefits."

The Dispute was listed for preliminary hearing on 2 April 2003. On that day the parties were directed to file preliminary submissions by 29 July 2003 and the Dispute was listed for final hearing on 1 September 2003.

The parties filed their preliminary submissions by 18 August 2003. The hearing date was subsequently vacated and during the course of a further preliminary hearing on 26 September 2003 the Tribunal was informed that the Company intended to call six witnesses.

Due to the appointment of a new Permanent Arbitrator, it was necessary to relist the Dispute for mention on 19 January and 10 March 2004. The dispute was refixed for final hearing on 5 and 6 July 2004.

At the commencement of the hearing on 5 July 2004 Mr Singh for the Union informed the Tribunal that the grievor did not wish to proceed with her grievance against the Company. Consequently Mr Singh indicated that the Union was withdrawing the dispute and applied to have the proceedings before the Tribunal discontinued. Ms Phillips for the Company indicated that the Company had no objection to the withdrawal of the Dispute and consented to the proceedings being discontinued.

CONSENT AWARD

The Dispute is withdrawn and the Arbitration proceedings before this Tribunal are discontinued.

DATED at Suva this 7^th day of July 2004.

Mr W D Calanchini
ARBITRATION TRIBUNAL