Fiji Public Service Association v Daily Post [2006] FJAT 7; Award 52 of 2006 (24 October 2006)

THE REPUBLIC OF THE FIJI ISLANDS

NO 52 OF 2006

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

DAILY POST

FPSA: Mr N G Singh
Daily Post: Mr N Lajendra

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and the Daily Post (the Employer) concerning the termination of employment of Miss Jasmine Raj (the Greivor).

A trade dispute was initially reported on 7 December 2005 by the Association. The report was accepted on 9 January 2006 by the Chief Executive Officer who referred the dispute back to the parties for further regotiations. As the parties were not able to resolve the matter, the Dispute was re-reported on 28 February 2006 by the Union. The Dispute was then referred to a Disputes Committee. As a consensus decision was not reached the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5A(5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 1 May 2006 with the following terms of reference:

".................... for settlement over the wrongful termination of service of Miss Jasmine Raj from the Daily Post effective on 29 October 2005 which the Union views as procedurally wrong, unfair, harsh and in breach of natural justice. The union therefore seeks her re-instatement without loss of pay and benefit."

The Dispute was listed for a preliminary hearing on 26 May 2006. On that day the parties were directed to file their preliminary submissions within 21 days and the Dispute was listed for mention on 23 June 2006.

The Employer filed its preliminary submissions on 15 June and the Association and so on 19 June 2006.

On 23 June 2006 the parties were directed to exchange their preliminary submissions within seven days and the Dispute was listed for further mention on 28 July 2006. At the request of the parties the Dispute was listed for further mention on 1 September 2006 to allow settlement negotiations to continue.

When the dispute was called for mention on 1 September 2006 the Tribunal was informed that the Dispute had been settled.

The parties were directed to file signed terms of settlement within 14 days. A signed Deed of Settlement dated 18 September 2006 was filed with the Tribunal on 27 September 2006.

CONSENT AWARD

The Award of the Tribunal is in the terms of the Deed of Settlement signed by the parties and dated 18 September 2006 a copy of which is Attachment A to this Award.

DATED at Suva this 24 day of October 2006

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL