National Union of Municipal Workers v Suva City Council [2006] FJAT 14; Award 61 of 2006 (22 November 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 61 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF MUNICIPAL WORKERS

AND

SUVA CITY COUNCIL

NUMW: Mr S Valenitabua and Mr P Rae
SCC: Ms T Waqanika

DECISION

In Award No 2 of 2006 dated 26 January 2006 the Tribunal settled a dispute between the National Union of Municipal Workers (the Union) and Suva City Council (the Employer) concerning the termination of employment of Jone Tabuya (the Grievor).

In the Award the Tribunal made the following comment on page 10:

"The only other matter requiring comment is the material in the Union’s Supplementary Submission. To the extent that it is alleged that Mr R Chand may have not told the truth when giving evidence under oath, the Union should seek legal advice as to how best that matter should be pursued".

In a letter dated 6 June 2006 addressed to the Tribunal the Union indicated that it had sought legal advice on the matter. The Union requested the Tribunal to list the matter for special mention.

Treating the correspondence as an application for interpretation of the Award pursuant to section 27 of the Trade Disputes Act Cap 97, the Tribunal listed the matter for mention on 23 June 2006.

As there was no appearance by or on behalf of the Employer, the matter was relisted for mention on 28 July 2006. At the request of the Union the matter was listed for further mention on 1 September to allow the Union an opportunity to obtain further legal opinion.

On 1 September 2006 the parties were directed to file submissions on the application and the Tribunal’s jurisdiction to proceed further within 28 days. The matter was listed for mention on 27 October 2006. On that day the Union informed the Tribunal that it did not intend to proceed with its application which was to be withdrawn. The Employer did not oppose the application.

As a result the Tribunal directs that the application for an interpretation of Award No 2 of 2006 contained in the Union’s letter dated 6 June 2006 is marked withdrawn and the proceedings are hereby discontinued.

DATED at Suva this 22 day of November 2006.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL