Fiji Sugar and General Workers Union v General Machinery Hire Ltd [2006] FJAT 12; Award 59 of 2006 (21 November 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 59 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SUGAR AND GENERAL WORKERS UNION

AND

GENERAL MACHINERY HIRE LIMITED

FSGWU: Mr M Mataka
GMH: Mr R Prakash

DECISION

This is a dispute between the Fiji Sugar and General Workers Union (the Union) and General Machinery Hire Limited (the Employer) concerning the termination of employment of Mr Wahab Abdul Hussein (the Grievor).

A trade dispute was reported by the Union. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Employer failed to nominate a person for appointment to the Committee, the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5 A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 2 August 2006 with the following terms of reference:

"............... for settlement over the termination of employment of Mr Wahab Abdul Hussein on 24 October 2005 for allegedly damaging a vehicle. The Union contends that the actions of the employer were unfair, unjust and wrong and that Mr Hussein be re-instated without loss of benefits."

The Dispute was listed for a preliminary hearing on 1 September 2006. On that day the parties were directed to file their preliminary submissions within 21 days and the Dispute was listed for mention on 29 September 2006.

The Employer filed its preliminary submissions on 22 September 2006.

On 29 September 2006 the Union was granted a further seven days to file and serve its preliminary submissions. The Employer was directed to serve its preliminary submissions on the Union within seven days. The Dispute was listed for further mention on 27 October 2006.

On 27 October 2006 the parties informed the Tribunal that the Dispute was to be withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 21 day November 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL