Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2006] FJAT 22; Award 69 of 2006 (12 December 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 69 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI ISLANDS REVENUE AND CUSTOMS AUTHORITY

FPSA: Mr N Tofinga
FIRCA: Ms F Gavidi

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and the Fiji Islands Revenue and Customs Authority (the Authority) concerning issues arising under the Collective Agreement.

A trade dispute was reported on 14 November 2005 by the Union. The report was accepted on 9 January 2006 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Association failed to nominate a representative 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 13 February 2006 with the following terms of reference:

"..................... for settlement over refusal of the Authority to abide by Clause 10.2 of the Collective Agreement and the Job Evaluation & Restructure Project Principle #6 when dealing with the appointment of Mr Krishna Chand to the vacancy of Manager Assessment IRD.

Failure by FIRCA to avoid or remove the undue influence on the Interview Panel and biased decision of the Management when filing the vacancy of Management Assessment IRD with respect to Mr Krishna Chand’s application, in breach of Clause 10.4 of the Collective Agreement.

False and negative allegations by the Acting Division National Manager against the qualifications experience and capabilities of Mr Krishna Chand when dealing with his application for the vacancy of Manager Assessment IRD, in breach of natural justice and in particular in breach of Clause 65 of the Collective Agreement and against Section 3 (Code of Conduct) of the FIRCA (Conduct & Discipline) Regulations 2002."

The Dispute was listed for a preliminary hearing on 24 February 2006. At the request of the parties the Dispute was listed for mention on 24 March and 28 April 2006.

On 28 April 2006 the parties were directed to file their preliminary submissions within 21 days and the Dispute was relisted for mention on 26 May 2006. On that day the Authority was directed to file its preliminary submissions by the close of business and both parties were directed to serve their submissions by 30 May 2006.

The Association filed its preliminary submissions on 23 May and the Authority did so on 26 May 2006.

The Dispute was listed for further mention on 23 June 2006, 28 July and 24 November 2006 at the request of the parties.

On 24 November 2006 the Tribunal was informed that the Dispute had been settled. The parties were directed to file signed terms of settlement within seven days.

A Deed of Settlement dated 1 December 2006 and signed by the parties was filed on 6 December 2006.

CONSENT AWARD

The Tribunal’s Award in this Dispute is set out in the signed Deed of Settlement dated 1 December 2006 a copy of which is Attachment 1 to this decision.

DATED at Suva this 12 day of December 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL