BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2006] FJAT 24; Award 71 of 2006 (18 December 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 71 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

B.P (SS) CO LTD & W.R CARPENTER GROUPS
SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Staff Association: Mr T Tabu
Carpenters: Mr J Sloan

DECISION

This is a dispute between B.P (SS) Co Ltd and W.R Carpenter Groups Salaried Staff Association (the Union) and Carpenters Fiji Limited (the Employer) concerning the termination of employment of Mr Ajay Kumar (the Grievor).

A trade dispute was reported by the Union on 12 July 2005. The report was accepted on 16 August 2005 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Committee did not convene within the prescribed time, 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 31 October 2005 with the following terms of reference:

"..................... for settlement over the termination of employment of Mr Ajay Kumar effective from 13 May 2005 by the Company. Your Union submitted that the Company’s action was unjust, unfair, harsh and wrong and therefore the Grievor should be re-instated to his present position without any loss of salary or benefits from the date of termination."

The Dispute was listed for a preliminary hearing on 25 November 2005. On that day the parties requested six weeks to file their preliminary submissions and the Dispute was relisted for mention on 27 January 2006. The Employer was granted a further seven days to file its preliminary submissions and the Dispute was relisted for mention on 24 February 2006.

The Union had filed its preliminary submissions on 6 January 2006.

On 24 February 2006 the Employer was directed to file its preliminary submissions within 14 days and the Dispute was relisted for mention on 24 March 2006. On that day the parties were directed to attend a special mention on 31 March 2006. The Dispute was fixed for hearing on 6 July 2006.

The Employer had filed its preliminary submissions on 23 March 2006.

When the Dispute was called on for hearing the Union re-iterated an application for the hearing date to be vacated. The application had initially been made by letter dated 5 July 2006. The application was based on the ill-health of the Union’s advocate.

The Tribunal granted the application by consent. The Dispute was listed for mention on 28 July, 1 September, 29 September and 27 October 2006, at the request of the parties.

The Dispute was then listed for hearing on 20 November 2006. On that day the parties indicated to the Tribunal that the Dispute had been settled. However a terms of settlement document had not yet been finalized. As a result the Dispute was listed for mention on 24 November 2006.

On that day the parties confirmed that the Dispute had been settled. They indicated that the only award sought from the Tribunal was that the Dispute be marked withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 18 day of December 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL