National Union of Factory and Commercial Workers v Morris Hedstrom Ltd [2005] FJAT 39; Award 64 of 2005 (14 November 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 64 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF FACTORY AND COMMERCIAL WORKERS

AND

MORRIS HEDSTROM LIMITED

NUFCW: Mr J Raman
Morris Hedstrom: Mr J Waqaivolavola

DECISION

This is a dispute between the National Union of Factory and Commercial Workers (the "Union") and Morris Hedstrom Limited (the "Employer") concerning the termination of employment of Mr. Hejaz Khan (the "Grievor").

A trade dispute was reported by the Union on 18 February 2005. The report was accepted on 10 March 2005 by the Chief Executive Officer who referred the Dispute to conciliation. On 29 April 2005 the parties agreed to refer the Dispute to voluntary arbitration. As a result the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to Section 6(1) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 5 May 2005 with the following terms of reference:

"........ for settlement over the termination of employment of Mr. Ahmed Hejaz Khan with effect from 7 January 2005 on the grounds given by the Management as unsatisfactory performance, which the Union submits as unjustified, unreasonable and harsh. The Union therefore seeks reinstatement to his present position without loss of salary and benefits from the date of termination."

The Dispute was listed for preliminary hearing on 27 May 2005. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 24 June 2005.

The Union filed its preliminary submissions on 17 June 2005. On 24 June 2005 the Employer was directed to file its preliminary submissions and both parties to serve copies on each other all within 14 days. The dispute was again listed for mention on 29 July 2005.

The Employer filed its preliminary submissions on 25 July 2005.

The hearing of the dispute commenced on 25 October 2005 in Suva. At the commencement of proceedings the Tribunal was informed that the dispute had been resolved. The parties filed a signed agreement dated 25 October 2005 the terms of which the parties requested remain confidential.

CONSENT AWARD

The Dispute is settled in accordance with the signed Agreement dated 25 October 2005 the terms of which are to remain confidential.

DATED at Suva this 14 day of November 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL