BP (SS) Co Ltd and WR Carpenter Groups Salaried Staff Association v Carpenters Fiji Ltd [2007] FJAT 25; Award 26 of 2007 (20 April 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 26 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

B.P (S.S) CO LTD & W.R CARPENTER GROUPS SALARIED STAFF ASSOCIATION

AND

CARPENTERS FIJI LIMITED

Association: Mr T Tabu
Carpenters: Mr J Sloan

DECISION

This is a dispute between B.P (S.S) Co Ltd and W.R Carpenter Groups Salaried Staff Association (the Union) and Carpenters Fiji Limited (the Employer) concerning the termination of employment of Ms Joanna Salaba (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 failed to 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 5A (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 Joanna Salaba effective from 29 August 2005 by the Company. The Union submitted that the Company’s action was unjust, unfair, harsh, wrong in principle and uncalled for 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 their preliminary submissions within 21 days and the Dispute was listed for mention on 26 May 2006.

The Union had filed a preliminary submission on 27 April 2006.

The Employer was granted an extension of 21 days to file its submissions and the Dispute was relisted for mention on 23 June 2006. The Employer was then granted a further seven days to file its submissions and the Dispute was again listed for mention on 28 July 2006. The Employer was granted a final opportunity to file its submissions within seven days and the Dispute was relisted for mention on 1 September 2006.

The Employer eventually filed its preliminary submissions on 9 August 2006.

As there was no appearance by or on behalf of the Employer on 1 September 2006, the Dispute was relisted for mention on 29 September 2006. Again there was no appearance by the Employer on 29 September nor on 27 October 2006.

On 29 November 2006 the Dispute was fixed for hearing on 20 March 2007 as both parties were represented at the mention.

The hearing of the Dispute commenced on 20 March 2007 in Suva. At the commencement of the hearing, the Tribunal alerted the parties to the Employer’s termination letter dated 29 August 2005 addressed to the Grievor. It was noted that the Grievor was to be paid one month’s pay in lieu of notice. As a result this was a case where the contract of service was terminated by notice or payment in lieu of notice rather than by summary dismissal.

The parties requested a brief adjournment to consider the Tribunal’s observations. When the hearing resumed, the parties informed the Tribunal that the Dispute had been settled.

The parties were directed to file signed terms of settlement within seven days and the hearing was adjourned to a date to be fixed.

A signed Settlement Agreement was filed on 30 March 2007.

AWARD

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

DATED at Suva this 20 day of April 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL