Public Employees Union v Fiji Institute of Technology [2006] FJAT 17; Award 64 of 2006 (7 December 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 64 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

INTERPRETATION AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

PUBLIC EMPLOYEES UNION

AND

FIJI INSTITUTE OF TECHNOLOGY

DECISION

In Award No 47 of 2006 dated 29 September 2006 the Tribunal settled a dispute between the Public Employees Union (the Union) and Fiji Institute of Technology (the Employer) concerning the Employer’s decision to retire Mr Bijay Prasad (the Grievor).

In an ex parte application dated 13 October 2006 which was received by facsimile by the Secretary to the Tribunal on 23 November 2006, the Union sought a Ruling from the Tribunal to explain the Award "in layman’s terms". At the request of the Tribunal a copy of the application was forwarded to the Employer on 5 December 2006.

The Tribunal accepts that this is a proper application for the interpretation of the Award pursuant to section 27 of the Trade Disputes Act Cap 97. In determining the question which has been raised by the Union, the Tribunal has a discretion as to whether it considers it necessary to hear the parties.

As the question raised by the Union is in the form of a request for explanation, the Tribunal does not consider it either necessary or appropriate to hear the parties.

The key components of the Award so far as the Grievor is concerned may be set out as follows:

a. The Grievor is to be re-instated.

b. The Grievor is to be paid his wages for the year 2004.

c. The Grievor is deemed to be on leave without pay for 2005.

d. The Grievor is to undergo a medical examination following the publication of the Award dated 29 September 2006.

e. If the Grievor passes the examination he is to be paid his wages for 2006.

f. The medical examination is to be similar to the medical examination which the Grievor attended on 10 November 2003 at the Civil Servants Clinic.

g. Either the same or a subsequent medical examination in early 2007 is to be used for determining whether the Grievor is fit for employment in 2007, in accordance with clause 49 (b) of the Agreement.

To remove any doubt, the Tribunal stresses that the terms of the above Award mean that the Grievor is to be paid his 2006 wages only if he passes the medical examination. He should resume employment immediately after the examination if required to do so by the Employer for the balance of 2006.

Furthermore, if the Grievor does not pass the medical examination, he is not entitled to wages for 2006, and that will also be regarded as the end of his extended employment. There will be no obligation on the part of the Employer to consider an extension for 2007.

DATED at Suva this 7 day of December 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL