Fiji Public Service Association v Airports Fiji Ltd [2004] FJAT 42; Award 38 of 2004 (26 October 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 38 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

AIRPORTS FIJI LIMITED

FPSA: Mr N G Singh
AFL: Mr K Qoro

DECISION

This is a dispute between the Fiji Public Service Association (the "Association") and Airports Fiji Limited (the "Employer") concerning the decision to suspend Mr Wilbur Thoman (the "Grievor") on half pay from 9 January 2002.

A trade dispute was reported by the Association. The report was accepted by the Permanent Secretary who subsequently referred the dispute to a Disputes Committee. As a consensus decision could not be reached the Minister authorized the Permanent Secretary to refer the trade dispute to the 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 6 January 2003 with the following terms of reference:

"for settlement over the Airports Fiji Limited (AFL) decision to suspend Mr Wilbur Thoman, Fire Officer (Nausori) on half salary since 9 January 2002. The Association claims that this action of AFL is in breach of the terms and conditions of service, unjustified, harsh and amounts to denial of Natural Justice. Therefore, the association seeks the re-instatement of Mr Thoman as (Fire Officer, Nausori Airport) without loss of salary and other benefits from the date of his suspension".

The Dispute was listed for a preliminary hearing on 31 January 2003. On that day the parties were directed to file preliminary submissions within 30 days and the Dispute was listed for hearing on 31 March 2003.

The parties filed their submissions in due course. When the matter came on for hearing on 31 March 2003, Mr R Singh for the Association informed the Tribunal that the parties were having further discussions with a view to settlement and seeking a consent award from the Tribunal. As a result the proceedings were adjourned sine die.

As a result of receiving copy correspondence passing between the parties, the Dispute was listed for mention on 15 September 2004. On that day the Tribunal was informed that the Dispute had been settled.

The Tribunal directed that the parties file a copy of signed terms of settlement within 14 days to enable the Tribunal to make consent award.

A copy of the signed terms of settlement dated 22 October 2004 was filed with the Tribunal on 25 October 2004 and is annexed to this Award.

CONSENT AWARD

The Dispute is settled by consent in accordance with the terms of settlement annexed hereto.

DATED at Suva this 26^th day of October 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL