Fiji Sugar and General Workers Union v General Machinery Hire Ltd [2007] FJAT 37; Award 39 of 2007 (3 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 39 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SUGAR AND GENERAL WORKERS UNION

AND

GENERAL MACHINERY HIRE LIMITED

FSGWU: Mr F Anthony
G M H: Mr R Prakash/Mr N Lajendra

DECISION

This is a dispute between the Fiji Sugar and General Workers Union (the Union) and General Machinery Hire Limited (the Employer) concerning the termination of employment of Mr Ajay Kumar (the Grievor).

A trade dispute was reported by the Union. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Employer failed to nominate within the prescribed time 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 5A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 2 August 2006 with the following terms of reference:

"- - - for settlement over the termination of employment of Mr Ajay Kumar. The Union contends that the actions of the employer were unfair, unjust and wrong and that Mr Kumar be re-instated without loss of benefits."

The Dispute was listed for a preliminary hearing on 1 September 2006. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 29 September 2006.

The Employer filed its preliminary submissions on 22 September and the Union did so on 28 September 2006. However, as neither party had served copies on the other side, they were directed to do so within seven days and the Dispute was relisted for mention on 27 October 2006. At the request of the parties the Dispute was relisted for mention on 24 November 2006 and 19 January 2007.

The Dispute was then fixed for hearing on 9 May 2007. At the parties’ request the Dispute was mentioned on 8 May 2007. On that day the parties informed the Tribunal that the Dispute had been settled. The parties were directed to file signed terms of settlement by 11 May 2007.

The Tribunal subsequently received a letter dated 11 May 2007 from the legal practitioners acting for the Employer. Omitting formal and irrelevant parts, that letter stated:

"We wish to advise the Tribunal that we have experienced difficulties in obtaining the duly executed Terms of Settlement from our client. We have tendered legal advice to our client and may have to make certain applications before the Tribunal. If the Tribunal pleases it is our humble request to list the matter before the Tribunal as soon as it is convenient so that we may make the necessary application."

The Dispute was then listed for special mention on 18 May 2007. On that day leave was given to Mr Prakash to withdraw as the legal representative of the Employer in the Dispute before the Tribunal. The Dispute was listed for further mention on 25 May 2007.

The Dispute was then listed for the hearing of oral submissions concerning the future conduct of the Dispute on 5 June 2007.

However, at the parties request, on that day the Dispute was relisted for mention on 13 June 2007 to allow further time for discussions.

On 13 June 2007 the Tribunal was informed that the Employer had agreed to sign terms of settlement. The Dispute was relisted for mention on 29 June 2007.

On 28 June the parties filed signed Terms of Settlement dated 26 June 2007.

In Award No 35 of 2007 involving a Dispute between the same parties, the Tribunal made some observations concerning the duties of parties when the

Tribunal has been informed that a Dispute has been settled. Those observations are equally appropriate to the circumstances leading up to the making of this Award.

CONSENT AWARD

The Award of the Tribunal is in the terms set out in the signed Terms of Settlement dated 26 June 2007 and filed herein, the contents of which the parties have agreed are to remain confidential.

DATED at Suva this 3 day of July 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL