National Union of Hospitality Catering and Tourism Industries Employees v Coral Coast (Fiji) Ltd (trading as Castaway Island Fiji) [2005] FJAT 7; Award 08 of 2005 (1 February 2005)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 8 OF 2005

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING AND TOURISM INDUSTRIES EMPLOYEES

AND

CORAL COAST (FIJI) LTD T/A CASTAWAY ISLAND FIJI

NUHCTIE: Mr. T Naivaluwaqa
Coral Coast: Mr. J Ratubalavu

DECISION

This is a dispute between the National Union of Hospitality Catering & Tourism Industries Employees (the Union) and Coral Coast (Fiji) Ltd T/A Castaway Island Fiji (the Company) concerning the termination of employment of Mr. Tevita Tunitoto (the Grievor).

A trade dispute was reported by the Union on 28 February 2004. The report was accepted on 25 May 2004 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Company failed to forward a nomination for the Committee within the prescribed time, 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.

The Dispute was referred to the Permanent Arbitrator on 5 July 2004 with the following terms of reference:

".....for settlement over the termination of Mr. Tevita Tunitoto with effect from 11 February 2003. The Union submits that the management’s action to terminate Mr. Tunitoto was unfair and unjustified and that he should be reinstated to his former position without loss of any benefits."

The Dispute was listed for a preliminary hearing on 14 July 2004. On that day the Company indicated that it would require further time to consider challenging the terms of reference by way of an application for judicial review. The Dispute was listed for mention on 11 August 2004. For the same reason the Dispute was subsequently listed for mention on 15 September, 13 October, 19 November and 15 December 2004.

On 15 December 2004 the parties indicated that the Dispute was to be withdrawn. For the purpose of formalizing this application the Dispute was listed for mention on 26 January 2005. On that day the Union made an application to withdraw the Dispute and to discontinue the proceedings before the Tribunal. The Company consented to the application.

CONSENT AWARD

The Dispute is withdrawn and the proceedings before the Tribunal are discontinued.

DATED at Suva this 1 day of February 2005

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL