Fiji Electricity Authority v Fiji Electricity and Allied Workers Union [2005] FJAT 34; Award 59 of 2005 (20 October 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO.59 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI ELECTRICITY AUTHORITY

AND

FIJI ELECTRICITY AND ALLIED WORKERS UNION

FEA: Mr D Sharma with Ms Y Fatiaki
FEAWU: Mr F Anthony with Mr J Paul

DECISION

This is a dispute between the Fiji Electricity Authority (the "Employer") and the Fiji Electricity and Allied Workers Union (the "Union") concerning redundancy issues involving a cleaner and tea ladies.

A trade dispute was reported by the Employer on 16 May 2005. The report was accepted on 28 June 2005 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Employer failed to nominate a member to the Committee, 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 Arbitrator on 20 September 2005 with the following terms of reference:

" .... For settlement over the Union not willing to negotiate the redundancy package on the outsourcing of the Cleaner/Tea Ladies".

The Dispute was listed for preliminary hearing on 30 September 2005. On that day the parties requested that the preliminary hearing be adjourned to 28 October 2005 to enable further discussion to take place.

The Dispute was one of a number of Disputes involving the Parties called on for special mention on 12 October 2005. During the course of the proceedings on that day, the Tribunal was informed that Dispute No.43 of 2005 had been resolved.

Terms of Settlement dated 13 October 2005 and signed by the Parties were subsequently filed with the Tribunal.

CONSENT AWARD

The Tribunal’s Award is in accordance with the signed Terms of Settlement dated 13 October 2005 filed herein and a copy of which is annexed hereto.

DATED at Suva this 20 day of October 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL