National Union of Hospitality, Catering and Tourism Industries Employees v New Southern Cross Hotel [2004] FJAT 43; Award 46 of 2004 (14 October 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 46 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY, CATERING AND TOURISM INDUSTRIES EMPLOYEES

AND

NEW SOUTHERN CROSS HOTEL

NUHCE: Mr T Naivaluwaqa
Southern Cross: Ms M Ismail

DECISION

This is a dispute between the National Union of Hospitality, Catering and Tourism Industries Employees (the "Union") and the New Southern Cross Hotel (the "Employer") concerning a breach of the Collective Agreement.

A trade dispute was reported by the Union on 19 August 2003. The Report was accepted on 12 September 2003 by the Permanent Secretary who referred the dispute to a Disputes Committee. As the Employer failed to nominate a representative to sit on the Disputes Committee within the prescribed time, 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 12 March 2004 with the following terms of reference:

"..... for settlement of dispute over the breach by the New Southern Cross Hotel (NSCH) of the Collective Agreement between the Union and the new management to engage new employees other than the Union members, as a breach of the recognition clause of the collective agreement and is therefore unfair and unjustified and that the New Southern Cross Hotel should reinstate all employees to their former positions with effect from 16 December 2002 without loss of benefits".

The Dispute was listed for a preliminary hearing on 24 March 2004. As there was no appearance by or on behalf of the Employer, the Dispute was subsequently listed for mention on 12 May, 18 June, 14 July, 11 August, 15 September and 13 October 2004. There was no appearance by the Employer until the Dispute was mentioned on 15 September 2004.

On 13 October 2004 Mr Naivaluwaqa informed the Tribunal that the Dispute had been settled. He handed to the Tribunal a Memorandum of Agreement dated 8 October 2004 and signed by the parties.

CONSENT AWARD

The Dispute is settled in the terms set out in the Memorandum of Agreement signed by the parties and dated 8 October 2004, a copy of which is attached to this Award.

DATED at Suva this 14^th day of October 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL