Fiji Bank and Finance Sector Employees Union v Colonial Fiji Life Ltd [2007] FJAT 11; Award 11 of 2007 (14 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 11 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

COLONIAL FIJI LIFE LIMITED
COLONIAL HEALTH CARE (FIJI) LIMITED
COLONIAL FIRST STATE INVESTMENTS (FIJI) LIMITED

FBFSEU: Mr P Rae
Colonial: Mr V Kapadia

DECISION

This is a dispute between Fiji Bank and Finance Sector Employees Union (the Union) and Colonial Fiji Life Limited, Colonial Health Care (Fiji) Limited and Colonial First State Investments (Fiji) Limited (the Employer) concerning the Union’s 2005 Log of Claims.

A trade dispute was reported on 23 December 2005 by the Union. The report was accepted on 20 January 2006 by the Chief Executive Officer who referred the Dispute to conciliation. At the conciliation proceedings the parties agreed that the Dispute should be referred to voluntary arbitration. As a result the Minister authorized 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 25 May 2006 with the following terms of reference :

"......... for settlement over the settlement of union’s 2005 COLA claims".

The Dispute was listed for a preliminary hearing on 23 June 2006. As there was no appearance by or on behalf of the Employer, the Dispute was listed for mention on 28 July 2006, and then at the request of the parties again on 3 August 2006. On that day the parties were directed to file their preliminary submissions by 15 September 2006 and the Dispute was relisted for mention on 29 September 2006.

The Union filed its preliminary submissions on 28 September 2006.

At the request of the parties the Dispute was again listed for mention on 24 November 2006 and then again on 1 February 2007.

When the Dispute was called for mention on 1 February 2007, the parties informed he Tribunal that the Dispute had been settled. The parties indicated that they sought a consent award to the effect that the Dispute was withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn the proceedings discontinued.

DATED at Suva this 14 day of February 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL