National Union of Factory & Commercial Workers v Fiji Meat Industry Board [2006] FJAT 40; Award 13 of 2006 (16 March 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO. 13 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTES BETWEEN

NATIONAL UNION OF FACTORY AND COMMERCIAL WORKERS

AND

FIJI MEAT INDUSTRY BOARD

NUFCW: Mr J Mudaliar
FMIB: Mr J Apted

DECISION

This is a dispute between the National Union of Factory and Commercial Workers (the "Union") and the Fiji Meat Industry Board (the "Employer") concerning the suspension of Mr Nino Steven (the "Grievor").

By letter dated 20 April 2005 the Union reported a trade dispute. The report was accepted on 23 May 2005 by the Chief Executive Officer who referred the Dispute to conciliation. As the Dispute was not settled and as a result of an agreement between the parties, the Minister authorised 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 15 July 2005 with the following terms of reference:

"...... for settlement over the suspension of employment of Mr Nino Steven with effect from 9 November 2004 without pay which your Union claims as unjustified, unreasonable and harsh and therefore seeks his reinstatement".

The Dispute was listed for preliminary hearing on 29 July 2005. On that day the parties were directed to file their preliminary submissions by 25 August 2005. The Dispute was subsequently listed for mention on 30 September, 28 October, 25 November 2005, 27 January and 24 February 2006 at the request of the parties.

In the meantime the Union had filed its preliminary submissions dated 16 August 2005 and the Employer filed its preliminary submissions on 30 September 2005.

The parties requested that the Dispute be listed for mention on 15 March 2006. On that day the Tribunal was informed that the Dispute had been settled. A signed Memorandum of Agreement dated 14 March 2006 was handed to the Tribunal. The parties requested the Tribunal to make a consent award in the terms of the Agreement.

CONSENT AWARD

The Award of the Tribunal in this Dispute is in the terms of the signed Memorandum of Agreement dated 14 March 2006 a copy of which is annexed to this Award.

DATED at Suva this 16^th day of March 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL

MEMORANDUM OF AGREEMENT

THIS AGREEMENT is made and entered on this 14^th day of March 2006

BETWEEN: the NATIONAL UNION OF FACTORY & COMMERCIAL WORKERS ("the Union") of the one part.

AND: the FIJI MEAT INDUSTRY BOARD (hereinafter also referred to as "the Board") of the other part.

WHEREAS: on 9 November 2004, the Board suspended Nino Steven pending Police investigations into allegations that he had been improperly withdrawing fuel belonging to the Board.

: a trade dispute reported by the Union against the Board ("the Trade Dispute") was referred to the Arbitration Tribunal for settlement over the suspension of employment of Mr Nino Steven with effect from 9 November 2004 without pay, which the Union claimed was unjustified, unreasonable and harsh and therefore sought his reinstatement.

: the Board wishes to proceed with the disciplinary process against Nino Steven.

: the existence of the Trade Dispute prevents the Board from so proceeding.

NOW THEREFORE IT IS AGREED AS FOLLOWS -

1. This Memorandum of Agreement is to be produced to the Arbitration Tribunal to be made a Consent Award.

2. The Union agrees to discontinue the Trade Dispute.

3. The Board or its Chief Executive Officer may proceed with the disciplinary process against Nino Steven without undue delay, and shall use their best endeavours to reach a decision within 42 days of the publication to the Board of the Consent Award of the Arbitration Tribunal.

4. The Board acknowledges that the Union reserves the right to report a new trade dispute over the outcome of the disciplinary process.

IN WITNESS WHEREOF, the parties hereto have set their signatures at Suva, this 14^th day of March 2006.

James Raman
General Secretary
National Union of Factory & Commercial Workers

Filipe Alifereti
Chief Executive Officer
Fiji Meat Industry Board

(Witness)
National Union of Factory & Commercial Workers

(Witness)
Elsie Jione
Munro Leys