Fiji Nursing Association v Public Service Commission [2005] FJAT 30; Award 47 of 2005 (15 August 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 47 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI NURSING ASSOCIATION

AND

PUBLIC SERVICE COMMISSION

FNA: Mr R Singh with Ms K Lutua
PSC: Mr S Chandra

DECISION

This is a dispute between the Fiji Nursing Association (the "Association") and the Public Service Commission (the "Commission") concerning the refusal by the Commission to settle a number of outstanding issues relating to terms and conditions of employment.

A trade dispute was reported on 2 August 2005. The parties then had informal discussions with the Minister. The discussions were not fruitful. The Association’s members withdrew their services. The strike was then declared unlawful. 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) of the Trade Disputes Act Cap.97.

The Dispute was referred to the Permanent Arbitration on 4 August 2005 with the following terms of reference:

".... For settlement over the refusal on the part of the Commission to:

(1) Honour the terms of commitment made by the Chief Executive Officer, Public Service Commission in his letter dated 15 December 2004 regarding the downward adjustment of salary, non-payment of SSPP leading to wrong assimilation of grades and salary scales for nurses;

(2) Negotiate and conclude claims of salary anomalies for staff nurses and medical orderlies, that were affected as a result of the non-payment of enhanced qualifications for nurses as approved in the 1993 JER and in the Deloitte Touche Tohmatsu 1993 JER;

(3) The wrong assimilation of salaries for staff nurses (NU 06) levels and the medical orderlies in Arbitration Award No.23 of 2000 and Interpretation Award No.24 of 2000".

The Dispute was listed for preliminary hearing on Tuesday 9 August 2005. On that day the parties informed the Tribunal that the issues in dispute between the parties had been settled. The parties had signed a memorandum of understanding.

The parties indicated that they were seeking a consent award from the Tribunal in accordance with Terms of Settlement which would be finalized and signed by Friday 12 August 2005. The Tribunal indicated that the signed Terms of Settlement must address the Tribunal’s terms of reference.

At the request of the parties the proceedings were adjourned to Friday 12 August 2005. On that day the Tribunal was handed two signed copies of a Memorandum of Agreement dated 12 August 2005 and signed by the parties. The agreement set out the terms of settlement of the Dispute before the Tribunal.

During the proceedings on both 9 and 12 August 2005, the Tribunal expressed concern at comments in the media in relation to the Association and the Tribunal. The comments strongly suggested bias and delay on the part of the Tribunal. The Association disclaimed any connection with the comments. The Association undertook to write a letter to the Editor of the newspaper concerned in relation to comments appearing in an editorial on Monday 8 August and on television news the same evening.

It is noted that Mr R Singh publicly apologized on behalf of the Association in a brief interview on television news the following night. Mr Singh subsequently provided the Tribunal with a copy of a letter forwarded to the Editor of the newspaper concerned. The letter adequately dealt with all the concerns raised by the Tribunal.

CONSENT AWARD

The Tribunal’s Award in this Dispute is in the terms set out in the Memorandum of Agreement signed by the parties and dated 12 August 2005 a copy of which is attached to this Award.

DATED at Suva this 15 day of August 2005.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL