National Union of Hospitality, Catering and Tourism Industries Employees v Tokoriki Island Resort Fiji [2004] FJAT 53; Award 56 of 2004 (13 December 2004)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 56 OF 2004

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY, CATERING AND TOURISM INDUSTRIES EMPLOYEES

AND

TOKORIKI ISLAND RESORT FIJI

NUHC&TIE: Mr T Naivaluwaqa
Tokoriki: No appearance

DECISION

This is a dispute between the National Union of Hospitality Catering and Tourism Industries Employees (the "Union) and Tokoriki Island Resort Fiji (the "Employer") concerning the termination of employment of Mr Inoke Nabou.

A dispute was reported by the Union on 4 November 2003. The report was accepted on 12 December 2003 by the Permanent Secretary who referred the dispute to a Disputes Committee. As the Employer failed to submit its nomination for the Committee within the time prescribed 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 12 March 2004 with the following terms of reference:

"..... for settlement of dispute over the termination of employment of Inoke Nabou with effect from 9 November 2002. The Union submits that Mr Nabou’s services have not been terminated and therefore he should be re-instated without loss of any benefits".

The Dispute was listed for a preliminary hearing on 24 March 2003. As there was no appearance for the Employer on that day, the Dispute was listed for mention on 12 May 2004. On that day the parties were directed to file preliminary submissions by 2 June and the Dispute was listed for further mention on 18 June 2004.

The Union filed its preliminary submission on 15 June 2004.

On 18 June 2004, the Employer was directed to file its preliminary submission within 14 days. Both the Union and the Tribunal conveyed these directions to the Employer by post.

When the Dispute came on for further mention on 15 September 2004 the Employer was again unrepresented and further directions were given concerning preliminary submissions to be filed by the Employer. On that day the Dispute was listed for hearing on 10 December 2004.

The Employer eventually filed its preliminary submissions.

It should be noted that the delay in filing preliminary submissions by the Employer was due in part to the absence overseas of Mr Andrew Turnhill who is a director of the Company and owner of the Resort. The Tribunal acknowledges receipt of correspondence dated 11 and 20 July 2004 from the Employer which outlined the difficulties being experienced by the Employer in preparing submissions.

When the Dispute did com on for hearing or 10 December 2004 the Union informed the Tribunal that the Dispute had been settled. A Memorandum of Agreement dated 7 December 2004 and signed by the or on behalf of the parties was handed up during the course of the brief proceedings.

CONSENT AWARD

The award of the Tribunal is set out in the signed Memorandum of Agreement dated 7 December 2004 and annexed hereto.

DATED at Suva this 13^th day of December 2004

Mr W D Calanchini
ARBITRATION TRIBUNAL