National Union of Factory and Commercial Workers v Goodman Fielder International (Fiji) Ltd [2007] FJAT 35; Award 37 of 2007 (27 June 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 37 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF FACTORY & COMMERCIAL WORKERS

AND

GOODMAN FIELDER INTERNATIONAL (FIJI) LIMITED

NUFCW: Mr J Mudaliar
Goodman Fielder: Mr G Leung

DECISION

This is a dispute between the National Union of Factory and Commercial Workers (the Union) and Goodman Fielder International (Fiji) Limited (the Employer) concerning the termination of employment of Kamleshwar Chand (the Grievor).

A trade dispute was reported by the Union on 16 August 2006. The report was accepted on 22 November 2006 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As a consensus decision was not reached 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 30 March 2007 with the following terms of reference :

"- - - over the termination of employment of Mr Kamleshwar Chand with effect from 19th June 2006. The union claims that the company had alleged that the Grievor colluded with others in the removal of company stocks, which he denies. The union also claims that the dismissal is unjustified, unreasonable and harsh and seeks his re-instatement without loss of pay and benefits from the date of termination."

The Dispute was listed for preliminary hearing on 27 April 2007. On that day the parties were directed to file their preliminary submissions within 21 days and the Dispute was listed for mention on 25 May 2007.

The Union filed its preliminary submissions on 18 May 2007.

On 25 May 2007 the Tribunal directed that the Employer file its preliminary submission by 4.00pm that day, which it did. The dispute was fixed for hearing on 27 June 2007.

By letter dated 25 June 2007 the Union indicated that it intended to make an application, with the Employer’s consent, to withdraw the application and discontinue the proceedings.

On 26 June 2007 the Union formally applied to withdraw the Dispute and discontinue the proceedings. The Employer indicated its consent to the application.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 27 day of June 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL