BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2006] FJAT 27; Award 40 of 2006 (14 July 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 40 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BP (SS) Co. Ltd and W R CARPENTER GROUP
SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Staff Association: Mr T. Tabu
Carpenters: Mr J. Waqaivolavola

DECISION

This is a dispute between BP (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 Deo Prasad (the Grievor).

A trade dispute was reported on 1 July 2005 by the Union. The report was accepted on 17 August 2005 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Committee did not meet within the required 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 Arbitration on 31 October 2005 with the following terms of reference:

".......for settlement over the termination of employment of Mr Deo Prasad effective from 29 April 2005 by the Company. The 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 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 were directed to file preliminary submissions within six weeks and the Dispute was listed for mention on 27 January 2006.

The Union filed its preliminary submissions on 6 January 2006.

On 27 January 2006 the Tribunal directed that the Employer file its preliminary submission by 3 February 2006 and the Dispute was listed for further mention on 24 February 2006. On that day the Employer was granted a further extension of 14 days to file its preliminary submissions and the Dispute was again listed for mention on 24 March 2006.

The Employer filed its preliminary submissions on 20 March 2006. The Dispute was then listed for a special mention on 31 March 2006. On that day the Dispute was listed for a two hearing on 28-29 June 2006.

When the Dispute was called for hearing on 28 June 2006, the Tribunal indicated to the parties that this was a dispute that should be capable of settlement by further discussion between the parties. As a result the hearing was adjourned to allow further discussions to take place. When the Tribunal convened later in the morning, the parties informed the Tribunal that the Dispute had been settled.

A document dated 28 June 2006 and signed by the parties sets out the terms of settlement agreed to by the parties. The parties informed the Tribunal that the terms of settlement were to remain confidential.

CONSENT AWARD

The Dispute is settled in accordance with the terms of settlement set out in a document dated 28 June 2006 which is signed by the parties and the terms of which are to remain confidential.

DATED at Suva this 14 day of July 2006.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL