Suva City Council Staff Association v Suva City Council [2004] FJAT 34; Award 28 of 2004 (29 July 2004)

THE REPUBLIC OF THE FIJI ISLANDS

No. 28 of 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

SUVA CITY COUNCIL STAFF ASSOCIATION

AND

SUVA CITY COUNCIL

SCCSA: Mr J Toki with Mr V Tukana
SCC: Mr P Prasad

DECISION

This is a dispute between the Suva City Council Staff Association (the Association) and the Suva City Council (the Employer) concerning the 2003 Log of Claims.

In an Interim Consent Award dated 28 November 2003 the Arbitration Tribunal dealt with a number of the Association’s claims which formed part of the Log of Claims dated 30 December 2002. The balance of the Log of Claims was to be dealt with by way of a hearing before the Tribunal, the date of which had been tentatively fixed for 19 January 2004.

Due to the appointment of a new Permanent Arbitrator it was necessary to vacate that date and the hearing was subsequently set down for 15 July 2004.

When the parties appeared before the Tribunal on that day it was resolved that only claims 5 (a) and 8 remained outstanding. In addition the Association had earlier indicated by way of letter dated 15 April 2003 that it wished to include the re-negotiation of clause 19 (2) (the retirement clause) of the Agreement in its Log of Claims.

The parties then requested some time for further discussion. When the Tribunal re-convened later in the morning the parties indicated that they had agreed that the outstanding claims be withdrawn and that the proceedings before the Tribunal be discontinued. It would appear that the balance of the 2003 Log of Claims is to be addressed in the next Log of Claims.

CONSENT AWARD

The remaining claims in the 2003 Log of Claims are withdrawn and the proceedings before the Tribunal are discontinued.

DATED at Suva this 29^th day of July 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL