Fiji Public Service Association v Fiji Meat Industry Board [2007] FJAT 17; Award 18 of 2007 (26 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 18 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI MEAT INDUSTRY BOARD

FPSA: Mr N Tofinga
FMIB: Ms M Moodie

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and the Fiji Meat Industry Board (the Employer) concerning the termination of employment of Timaima Rabitu (the Grievor).

A trade dispute was reported by the Association on 5 December 2005. The report was accepted on 9 January 2006 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 7 July 2006 with the following terms of reference :

" - - - for settlement over the wrongful termination (of employment ) of Timaima Rabitu from the Fiji Meat Industry Board effective from 1 February 2005. The Association contends that the FMIB acted discriminatively against the member and her termination was wrong, unfair, harsh, in breach of natural justice and the member should be re-instated without loss of pay effective from 11 November 2004 (date member was suspended without pay pending investigation).

The Dispute was listed for a preliminary hearing on 18 July 2006. On that day the parties were directed to file their preliminary submissions within 28 days and the Dispute was listed for mention on 1 September 2006. On that day the parties were granted a further 21 days to file their submissions and the Dispute was relisted for mention on 29 September 2006.

The Employer filed its preliminary submissions on 21 September and the Association did so on 26 September 2006.

The Dispute was then listed for a two day hearing on 22 and 23 November 2006. By letter dated 16 November 2006 the legal practitioners acting for the Employer informed the Tribunal that the Employer would not be in a position to proceed with the hearing on 22 November 2006. When the Dispute was called on 22 November the Employer confirmed the position and formally applied for the hearing dates to be vacated. The application was not opposed. The Tribunal directed that the hearing dates be vacated and the Dispute was listed for mention on 24 November 2006. The Tribunal directed the Employer to pay $500.00 within 28days to the Ministry of Labour as costs thrown away on account of the wasted two hearing days.

The hearing of the Dispute was subsequently refixed for 13 and 14 February 2007. The hearing of the Dispute commenced on 13 February 2007 in Suva. At the commencement of the proceedings the parties informed the Tribunal that the Dispute had been settled. The Tribunal directed the parties to file signed terms by 20 February 2007.

A signed Deed of Settlement dated 13 February was filed with the Tribunal on 19 February 2007.

CONSENT AWARD

The Dispute is settled in accordance with the signed Deed of Settlement dated 13 February 2007 and filed herein, the terms of which the parties have requested are to remain confidential.

DATED at Suva this 26 day of February 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL