Fiji Air Engineering Association v Air Fiji Ltd [2004] FJAT 52; Award 55 of 2004 (9 December 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 55 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI AIR ENGINEERING ASSOCIATION

AND

AIR FIJI LIMITED

FAFEA: 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") concerning the termination of employment of 26 employees with effect from 29 July 2004.

A dispute arose between the parties concerning the termination of employment of Thomas Newton by the Employer. As a result some 29 fellow workers voted to take strike action which the Minister subsequently declared to be unlawful.

When the workers refused to return to work within the time specified by the Employer, the Employer terminated their employment. Although neither party had reported the dispute and as the dispute involved an essential service, the Minister authorized the Chief Executive Officer to refer the dispute to an Arbitration Tribunal for settlement pursuant to Section 6(2) (b) and (c) of the Trade Disputes Act, Cap. 97.

The Dispute was referred to the Permanent Arbitrator on 11 August 2004 with the following terms of reference:

".... For settlement over the termination of the following twenty nine (29) employees with effect from 29 July 2004.

(Names listed in Reference)

The Dispute was listed for a preliminary hearing on 16 August 2004. On that day the parties were directed to file preliminary submission by 6 September 2004 and the Dispute was listed for a three day hearing on 21, 22 and 24 September 2004. The Tribunal was advised that the number of grievors was 26 and not 29.

At the request of the parties the Tribunal conducted a further preliminary hearing on 18 August 2004 in relation to an application by the Association for preliminary orders pursuant to section 5A(6) and (7) of the Trade Disputes Act. The Tribunal rejected the application for the reasons which were provided to the parties on the day of the hearing. The parties were advised that a typed copy of the reasons for the Ruling could be obtained from the Tribunal Secretary. Neither party requested a copy of the reasons.

The Association filed its preliminary submissions on 30 August and the Employer did so on 6 September 2004.

Due to the lengthy hearing of the dispute involving the termination of employment of Thomas Newton (Dispute No.39 of 2004 and Award No.45 of 2004) the hearing of this Dispute did not commence until 22 November 2004.

On that day the parties informed the Tribunal that they were having settlement within 14 days. On 7 December 2004 a Terms of Settlement document dated 30 November 2004 and signed by the Parties was filed with the Tribunal.

CONSENT AWARD

The Award of the Tribunal is set out in the signed Terms of Settlement dated 30 November 2004, the terms of which the parties have agreed are to remain confidential.

DATED at Suva this 9^th day of December 2004.

Mr W D Calanchini
ARBITRATION TRIBUNAL