Transport Workers Union v Air Pacific Ltd [2007] FJAT 21; Award 22 of 2007 (2 March 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 22 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TRANSPORT WORKERS UNION

AND

AIR PACIFIC LIMITED

TWU: Mr K Kumar
Air Pacific: Mr N Barnes

DECISION

This is a dispute between the Transport Workers Union (the Union) and Air Pacific Limited (the Employer) concerning the termination of employment of Mr Edwin Murti (the Grievor).

A trade dispute was reported by the Union on 29 June 2006. The report was accepted on 16 August 2006 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Employer failed to nominate its representative to the Committee, 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 25 September 2006 with the following terms of reference :

" - - - for settlement over the termination of employment of Mr Edwin Murti on 27/01/06 on the basis of unsatisfactory performance while being on probation. The union claims that the decision taken by the company to terminate Mr Murti’s employment is unjust and unfair".

The Dispute was listed for a preliminary hearing on 27 October 2006. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 24 November 2006.

The Employer and the Union both filed their preliminary submissions on 17 November 2006,

The Dispute was then listed for hearing on 27 and 28 February 2007.

When the Dispute was called on for hearing the parties informed the Tribunal that the Dispute had been settled. On the same day the parties filed a signed Deed of Settlement dated 26 February 2007.

CONSENT AWARD

The Dispute is settled in accordance with the signed Deed of Settlement dated 26 February 2007 and filed herein, the terms of which the parties have requested are to remain confidential.

DATED at Suva this 2 day of March 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL