Burns Philip (SS) Company Ltd v Carpenters Fiji Ltd [2004] FJAT 46; Award 48 of 2004 (4 November 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 48 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BURNS PHILIP (SS) COMPANY LIMITED AND W.R. CARPENTER GROUP STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

BP(SS) Ltd & WRCGSA: Mr Attar Singh
Carpenters Ltd: Mr I Razak

DECISION

This is a dispute between the Burns Philip (SS) Company Limited and W.R. Carpenter Group Staff Association (the "Association") and Carpenters Fiji Limited (the "Employer") concerning the redundancy of Mrs Sumintra Devi Lal.

A trade dispute was reported by the Association. The Permanent Secretary accepted the report and referred the dispute to a Disputes Committee. As a consensus decision was not 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 8 February 2002 with the following terms of reference:

"...... for settlement over the redundancy of Mrs Sumintra Devi Lal with effect from 27 June 2000 which the union claims is in breach of redundancy procedure, harsh, unfair, unjust and wrong. Therefore the union seeks her re-instatement to her present post without loss of benefits".

The Dispute was listed for a preliminary hearing on 5 March 2002. On that day the parties were directed to file preliminary submissions by 1 July 2002 and the Dispute was fixed for hearing on 1 August 2002.

By letter dated 30 July 2002 the Association requested that the hearing date be vacated due to the non-availability of the Association’s advocate.

The Dispute was subsequently listed for mention on 11 March and 2 April 2003 and fixed for final hearing on 5 August 2003.

By letter dated 4 August 2003 the Association again requested that the hearing date be vacated due to the grievor’s absence overseas.

The Dispute was listed for mention on 27 November, 3 December 2003, 20 January, 18 June and 15 September 2004.

A final hearing date was fixed for 3 November 2004. On that day the Tribunal was informed that the Dispute had been settled. A copy of a letter dated 1 November 2004 signed by the parties and setting out the terms of settlement was handed to the Tribunal. The parties requested that the terms of settlement remain confidential.

CONSENT AWARD

The Tribunal’s Award is in the terms of settlement set out in the letter dated 1 November 2004 and signed by the parties, the terms of which are to remain confidential.

DATED at Suva this 4^th day of November 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL