Native Land Trust Board Employees Association v Native Land Trust Board [2004] FJAT 51; Award 53 of 2004 (25 November 2004)

REPUBLIC OF THE FIJI ISLANDS

NO.53 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIVE LAND TRUST BOARD EMPLOYEES ASSOCIATION

AND

NATIVE LAND TRUST BOARD

NLTBEA: Mr A Singh
NLTB: Mr J Apted

DECISION

This is a dispute between the Native Land Trust Board Employees Association (the "Association") and the Native Land Trust Board (the "Employer") concerning a claim for Cost of Living Adjustments (COLA) from 1993 to date.

A trade dispute was reported by the Association on 11 April 2003. The report was accepted on 21 May 2003 by the Permanent Secretary who referred the dispute for a conciliation meeting. As the dispute was not settled the Minister authorized the Permanent Secretary to refer the dispute to an Arbitration Tribunal for settlement pursuant to section 6 of the Trade Disputes Act Cap. 97.

The Dispute was referred to the Permanent Arbitrator on 16 February 2004 with the following terms of reference:

".... For settlement over the Board’s refusal to negotiate and conclude settlement on Cost of Living Adjustment (COLA) from 1993 to date. The Native Land Trust Board Employees Association is claiming 23% increase on salaries and allowances".

The Dispute was listed for a preliminary hearing on 10 March 2004. On that day the parties were directed to file preliminary submissions by ³ May 2004 and the Dispute was listed for further mention on 12 May 2004. On that day the parties sought an extension of time to file their preliminary by 2 June 2004 and the Dispute was listed for a two day hearing commencing on 20 July 2004.

The Association filed its submissions on about 14 April 2004. The Employer finally filed its submissions on 19 July 2004.

When the Dispute was called for hearing on 20 July 2004 the Association made an application for the hearing dates to be vacated due to the late service by the Employer of its preliminary submissions.

As a result the Dispute was re-fixed for final hearing which was scheduled to commence on 29 September 2004.

On that day the parties informed the Tribunal that as a result of new material they were having discussions with a view to settling the dispute. The matter was stood down till 2.15pm. When the Tribunal reconvened the parties indicated that they were still negotiating and were hopeful of reaching a settlement. The requested further time. As a result, the Dispute was listed for mention on 19 November 2004.

By letter dated 4 November 2004, the Legal Practitioner for the Employer advised the Tribunal that the Dispute had been settled. A Memorandum of Agreement dated 14 October 2004 and signed by the parties was enclosed with the letter.

On 19 November 2004 the parties confirmed that the Dispute had been settled in accordance with the Memorandum of Agreement and requested that the Tribunal make a consent Award items.

CONSENT AWARD

The Award of the Tribunal is set out in the signed Memorandum of Agreement dated 14 October 2004 and annexed hereto.

DATED at Suva this25th day of November 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL