Fiji Bank and Finance Sector Employees Union v Fiji Development Bank [2007] FJAT 31; Award 32 of 2007 (19 June 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 32 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

FIJI DEVELOPMENT BANK

FBFSEU: Mr P Rae
F D B: Mr D Sharma with Ms Y Fatiaki

DECISION

This is a dispute between the Fiji Bank and Finance Sector Employees Union (the Union) and Fiji Development Bank (the Employer) concerning the short payment of deferred leave entitlement.

A trade dispute was reported by the Union on 3 November 2005. The report was accepted on 5 December 2005 by the Chief Executive Officer who referred the matter back to the parties to enable them to conduct further negotiations. As those negotiations were not successful, the Chief Executive Officer referred the Dispute to a Disputes Committee. The Committee could not reach a consensus decision. The Minister then 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 27 June 2006 with the following terms of reference:

" - - - for settlement over the dispute concerning the short payment of deferred leave entitlement which the Union views as breach of Collective Agreement clause 32 (g) which states " "A staff member may be paid in advance of the commencement of his leave the salary he would normally have earned, had he been working during the leave period". The Union seeks compensation for all staff short paid in respect of accrued leave pay and that the Bank renumerates its entire staff at salary rates current at the time they proceed on their annual leave in future"

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

At the request of the Union the date fixed by the Tribunal for filing submissions was subsequently vacated. The Dispute was relisted for mention on 29 September. On that day the parties were again directed to file preliminary submissions within 21 days and the Dispute was relisted for mention on 27 October 2006.

The Union filed its preliminary submissions on 18 October and the Employer did so on 20 October 2006.

On 27 October 2006 the parties were directed to file a signed statement of agreed facts within 14 days and the Dispute was relisted for mention on 24 November 2006. At the request of the parties the Dispute was then listed for hearing on 20 February 2007.

When the Dispute was called for hearing on 20 February 2007, the Tribunal was informed by the parties that the Dispute had been settled and that they sought a consent Award from the Tribunal. As a result the parties were directed to file a signed terms and settlement within 7 days.

A signed Terms of Settlement document dated 20 April 2007 was filed with the Tribunal on 25 May 2007.

CONSENT AWARD

The Award of the Tribunal is in the terms set out in the signed Terms of Settlement dated 20 April 2007 and filed herein a copy of which is Attachment A to this Award.

DATED at Suva this 19 day of June 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL