BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2007] FJAT 18; Award 19 of 2007 (26 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 19 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

BP (SS) CO LTD & WR CARPENTER GROUPS SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Association: Mr T Tabu
Carpenters: Mr J Sloan

DECISION

This is a dispute between BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association (the Union) and Carpenters Fiji Limited (the Employer) concerning the termination of employment of Ms Sashi Mala (the Grievor)

A trade dispute was reported on 19 October 2005 by the Union. The report was accepted on 13 December 2005 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 21 April 2006 with the following terms of reference :

" - - - for settlement over the termination of employment of Ms Sashi Mala effective from 21 July 2005 by the Company. The Union submitted that the Company’s action was unjust, unfair, harsh and unwarranted and therefore the Grievor should be re-instated to her present position without any loss of salary or benefits from the date of termination."

The Dispute was listed for a preliminary hearing on 28 April 2006. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 26 May 2006. As it happened the Union had already filed its submissions on 27 April 2006.

On 26 May the Employer was granted an extension of 21 days to file its preliminary submissions. The same directions were again given on 23 June and on 28 July 2006 the Employer was granted a further seven days to file its submissions.

The Employer filed its submissions on 9 August 2006.

When the Dispute was called for mention on 1 September and again on 29 September 2006 there was no appearance by or on behalf of the Employer. On 27 October 2006 the Employer was directed to serve a copy of its submissions on the Union.

The Dispute was eventually fixed for hearing on 15 and 16 February 2007. The hearing of the Dispute did commence on 15 February 2007 in Suva.

At the commencement of the proceedings the Tribunal sought clarification on whether the termination of employment was by way of summary dismissal or by notice or payment in lieu of notice. The Employer’s legal practitioner confirmed to the Tribunal that, contrary to what appeared in its preliminary submissions, the Grievor had been summarily dismissed.

The parties then handed up a signed Statement of Agreed Facts dated 15 February 2007. The Tribunal raised an issue with the parties that the signed statement included an assertion that the Grievor had delivered a letter of resignation to the Company. The Tribunal sought clarification whether the Union was raising constructive dismissal as an issue or whether the Grievor was not well when this happened.

The parties requested that the hearing be stood down to enable them to obtain further instructions and have further discussions.

When the hearing resumed the parties informed the Tribunal that the Dispute had been settled. The hearing was adjourned part heard to 19 February 2007 to enable the parties to draft terms of settlement.

On 19 February the parties handed up a signed settlement agreement dated 19 February 2007.

CONSENT AWARD

The Dispute is settled in accordance with the signed Settlement Agreement dated 19 February 2007 and filed herein the terms of which the parties have agreed are to remain confidential.

DATED at Suva this 26 day of February 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL