Fiji Local Government Officers Association v Lautoka City Council [2005] FJAT 15; Award 16 & 17 of 2005 (9 March 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NOS: 16 & 17 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTES BETWEEN

FIJI LOCAL GOVERNMENT OFFICERS ASSOCIATION

AND

LAUTOKA CITY COUNCIL

FLGOA: Mr Pramod Rae
Lautoka City Council: Mr R Goundar and Mr V Verma

DECISION

This Award deals with two disputes between the Fiji Local Government Officers Association (the "Association") and the Lautoka City Council (the "Council") concerning clause 16A of the Collective Agreement and involving Atul Sharma and Pushp Raj.

In Award Numbers 43 and 44 of 2004 dated 12 October 2004 the Tribunal made Consent Awards in respect of each dispute. The Consent Awards were made on the basis of a Memorandum of Agreement dated 25 September 2004.

The Memorandum of Agreement was signed by the Deputy Mayor and five other Councillors on behalf of the Council. By letter dated 29 October 2004 the Association forwarded to the Tribunal a document signed by another five Councillors indicating their support for the result achieved by the Memorandum of Agreement.

By letter dated 4 November 2004 from the Council’s Acting CEO the Tribunal was advised that the Council had not entered into any such agreement with the Association.

As a result the Dispute was listed for mention on 19 November 2004. However, a short time before that date, the Tribunal was served with court documents relating to an application for Judicial Review of Awards Nos.43 and 44 of 2004.

As a result, the parties were informed by the Tribunal on 19 November 2004 that the proceedings before the Tribunal would be stayed pending the outcome of the High Court proceedings.

On 14 January 2005 the High Court at Lautoka set aside Awards Nos.43 and 44 of 2004 and directed that the Disputes be referred to Arbitration for hearing on mutually agreed terms.

As a result the Disputes were listed for mention on 25 February 2004. On that day the parties informed the Tribunal that the Disputes had been settled. A letter dated 24 February 2005 addressed to the Tribunal Secretary and signed by the parties and sealed was filed. Attached to the letter were copies of two Agreements each dated 24 February 2005 and each signed by the parties and sealed.

The parties indicated that they sought a consent award from the Tribunal in respect of each Dispute in the terms set out in the Agreements.

CONSENT AWARDS

The Tribunal’s Award in respect of the Dispute involving Mr Atul Sharma is in the terms of the Memorandum of Agreement dated 24 February 2005 and signed by or on behalf of the parties, a copy of which is attached to this Award as Attachment 1.

The Tribunal’s Award in respect of the Dispute involving Mr Pushp Raj is in the terms of the Memorandum of Agreement dated 24 February 2005 and signed by or on behalf of the parties, a copy of which is attached to this Award as Attachment 2.

DATED at Suva this 9 day of March 2005.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL