Transport Workers Union v Air Pacific Ltd [2004] FJAT 30; Award 24 of 2004 (7 July 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 24 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TRANSPORT WORKERS UNION

AND

AIR PACIFIC LIMITED

TWU: Mr A Singh
Air Pacific: Ms G Phillips

DECISION

This is a dispute between the Transport Workers Union (the Union) and Air Pacific Limited (the Employer) concerning the termination of employment of William Zoing.

A trade dispute was reported by the Union on 28 November 2002. The Permanent Secretary accepted the report on 16 December 2002 and referred the dispute to a Disputes Committee. As a consensus decision could not be reached 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 Arbitrator on 12 February 2003 with the following terms of reference:

"...........for settlement over the termination of employment of William Zoing with effect from 2 August 2002 which the Union claims to be unjustified and unfair. The Union therefore seeks the re-instatement of Mr Zoing without loss of benefits."

The Dispute was listed for preliminary hearing on 27 February 2003. On that day the Dispute was relisted for mention on 4 March 2003. On 4 March the parties were directed to file preliminary submissions by 30 April and the Dispute was listed for hearing on 17 June 2003. The hearing date was subsequently vacated and the Dispute eventually came on for hearing on 24 September 2003. At the conclusion of the evidence the parties sought and were granted leave to file final submissions. These were filed on 7 November 2003.

Due to the appointment of a new Permanent Arbitrator it became necessary to relist this Dispute for mention on 19 January, 3 March and 20 May 2004. The Dispute was re-listed for final hearing on 29 July 2004.

The parties requested that the Dispute be listed for mention on 5 July 2004. On that day the Tribunal was informed that the Dispute had been settled. A Memorandum of Agreement dated 29 June 2004 and signed by the parties to the Dispute and the Grievor was filed with the Tribunal.

CONSENT AWARD

The Dispute is settled in the terms set out in the Memorandum of Agreement dated 29 June 2004 a copy of which is annexed to this Award.

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

Mr W D Calanchini
ARBITRATION TRIBUNAL