Fiji Bank and Finance Sector Employees Union v Fiji National Provident Fund [2006] FJAT 20; Award 67 of 2006 (11 December 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 67 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK & FINANCE SECTOR EMPLOYEES UNION

AND

FIJI NATIONAL PROVIDENT FUND

FBFSEU: Mr P Rae
FNPF: Mr N Lajendra

DECISION

This is a dispute between the Fiji Bank and Finance Sector Employees Union (the Union) and Fiji National Provident Fund (the FNPF) concerning redundancy entitlements to Aporosa Luvuvakarua, Jone Wes and Rakesh Chand (the Grievors).

A trade dispute was reported on 10 February 2005 by the Union. The report was accepted on 9 March 2005 by the Chief Executive Officer who referred the Dispute to conciliation. During the conciliation proceedings the parties agreed in writing that the Dispute should be referred 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 (i) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 31 May 2005 with the following terms of reference:

".............. for settlement over the short payment of redundancy entitlements to three (3) members of the Union namely, Aporosa Luvuvakarua, Jone Wes and Rakesh Chand. The Union views FNPFs action to be in breach of the Collective agreement and seeks the payment of the balance of the entitlements as outlined in the Union’s letter of 24 November 2004 and the collective agreement clause 4 C (b) (i)".

The Dispute was listed for a preliminary hearing on 24 June 2005. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 29 July 2005. The Employer was subsequently granted a further 14 days to file its preliminary submissions. The Dispute was then listed for mention 30 September and 25 November 2005.

The Union filed its preliminary submissions on 28 July 2005 and the Employer did so on 28 August 2005.

The Dispute was listed for hearing on 9 February 2006. However the Dispute was listed for mention on 6 February 2006 at the request of the parties. The Tribunal directed that the hearing date of 9 February be vacated by consent and the Dispute was listed for mention on 24 February 2006. The Dispute was then relisted for hearing on 23 March 2006.

The hearing of the Dispute commenced on 23 March 2006 in Suva. It was adjourned part heard for mention on 24 March 2006. When the hearing resumed on 22 May 2006, FNPF applied for a further adjournment for reasons which had been conveyed to the Tribunal and the Union by letter dated 17 May 2006. The application was not opposed by the Union. The Tribunal adjourned the further hearing of the Dispute which was then listed for mention on 23 June 2006 to enable the parties to have further discussions. The Dispute was again listed for mention on 29 September 2006. The Union filed supplementary submissions on 18 May and 27 October 2006.

The hearing of the Dispute resumed on 6 November and was adjourned part heard to 21 November 2006. On that day the Tribunal was informed that the Dispute had been settled. On 24 November 2006 the parties filed a signed Deed of Settlement dated 24 November 2006.

CONSENT AWARD

The Dispute is settled in accordance with the signed Deed of Settlement dated 24 November 2006, a copy of which is marked as Attachment 1 to this Award.

DATED at Suva this 11 day of December 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL