Fiji Air Engineering Association v Air Fiji Ltd [2004] FJAT 44; Award 45 of 2004 (8 November 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 45 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI AIR ENGINEERING ASSOCIATION

AND

AIR FIJI LIMITED

FAEA: Mr A Singh
Air Fiji: Mr D Sharma

DECISION

This is a dispute between Fiji Air Engineering Association (the Association) and Air Fiji Limited (the Employer) over the termination of employment of Mr Thomas Newton.

A trade dispute was reported by the Association on 25 May 2004. The report was accepted by the Chief Executive Officer who referred the dispute to a Disputes Committee. As a consensus decision could not be reached, the Minister authorized the Chief Executive Officer to refer the trade dispute to an Arbitration Tribunal for settlement pursuant to section 5 A (5)(a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 30 June 2004 with the following terms of reference:

"........ for settlement over the termination of employment of Mr Thomas Newton with effect from 25/5/04. The Union claims that the company’s actions are unjustified and unfair and seeks his re-instatement without loss of benefits."

The Dispute was listed for a preliminary hearing on 14 July 2004. On that day the parties were directed to file preliminary submissions within 14 days and the Dispute was listed for final hearing on 21 September 2004. The Association filed its submissions on 28 July and the Employer did so on 30 July 2004.

The hearing of the Dispute commenced on 21 September and continued on 22, 24 September and 2 October 2004.

During the course of the hearing on 2 October 2004 the parties advised the Tribunal that the Dispute had been settled.

The Tribunal directed the parties to file signed terms of settlement within 14 days.

CONSENT AWARD

The Dispute is settled in accordance with the signed Terms of Settlement dated 5 November 2004 the terms of which the parties have agreed are to remain confidential.

DATED at Suva this 8^th day of November 2004.

Mr W D Calanchini
ARBITRATION TRIBUNAL