BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2005] FJAT 16; Award 18 of 2005 (9 March 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO.18 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BP (SS) CO. LTD & W.R. CARPENTER GROUPS SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Association: Mr A Singh / Mr M Lal
Carpenters: Mr J Waqaivolavola

DECISION

This is a dispute between the B.P.(SS) Co. Ltd. and W.R. Carpenter Groups Salaried Staff Association (the "Association") and Carpenters Fiji Limited (the "Company") concerning the forced resignation of Ms Alanieta Likuvalu.

A trade dispute was reported by the Association on 24 August 2004. The report was accepted on 20 September 2004 by the Chief Executive officer who referred the Dispute to a Disputes Committee. As a consensus decision was not reached, the Minister authorized the Chief Executive Officer 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 Arbitration on 5 November 2004 with the following terms of reference:

"........over Ms Alanieta Likuvalu’s forced resignation from her employment with effect from 8 June 2004, which the Association feels was unjust, unfair, harsh and wrong. The Association seeks her reinstatement to her present position without any loss of salary or benefits from the date of termination".

The Dispute was listed for a preliminary hearing on 19 November 2004. On that day the parties requested that the dispute be listed for mention on 15 December 2004, At the request of the parties, the Dispute was subsequently relisted for mention on 26 January and 25 February 2005.

On 25 February 2005 the parties informed the Tribunal that the Dispute had been settled. A letter dated 25 February 2005 and signed by or on behalf of the parties setting out the terms of settlement was filed with the Tribunal.

CONSENT AWARD

The Tribunal’s Award is in the terms of the agreement dated 25 February 2005 which is signed by or on behalf of the parties and the terms of which the parties have requested are to remain confidential.

DATED at Suva this 9 day of March 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL