Fiji Sugar and General Workers Union v General Machinery Hire Ltd [2006] FJAT 21; Award 68 of 2006 (11 December 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 68 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 Fiji Sugar and General Workers Union (the Union) and General Machinery Hire Limited (the Employer) concerning the termination of employment of Mr Manoj Kumar (the Grievor).

A trade dispute was reported by the Union. The report was accepted by the Chief Executive Officer who referred the Dispute to conciliation and then a Disputes Committee. The Employer failed to attend two conciliation meetings and failed to nominate a representative to the Committee. As a result 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 Manoj Kumar. The Union contends that the actions of the employer were unfair, unjust and wrong and that Mr Kumar be re-instated without loss of benefits."

The Dispute was listed for 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 and the Union did so on 28 September 2006. The Dispute was then listed for mention on 27 October and 24 November 2006 at the request of the parties.

On 24 November 2006 the Union made an application to withdraw the Dispute and discontinue the proceedings. The Employer did not oppose the application. By letter dated 21 November 2006 the Union confirmed its application to withdraw the Dispute.

AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 11 day of December 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL