Fiji Bank and Finance Sector Employees Union v Bank of Baroda [2007] FJAT 38; Award 40 of 2007 (4 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 40 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

BANK OF BARODA

FBFSEU: Mr P Rae
B O B: Mr W Huare

DECISION

This is a dispute between the Fiji Bank and Finance Sector Employees Union (the Union) and the Bank of Baroda (the Employer) concerning the summary dismissal of Roshni Devi Ram (the Grievor) and the non-payment of her maternity leave.

A trade dispute was reported by the Union on 20 May 2005. The report was accepted on 22 June 2005 by the Chief Executive Officer who referred the Dispute to conciliation. As the Dispute was not settled the parties agreed to refer the Dispute to Voluntary Arbitration. The Minister then authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 6 (i) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 2 September 2005 with the following terms of reference :

" - - - for settlement over the summary dismissal of Roshni Devi Ram on 18 March 2005 and denial of maternity leave due to her, which the Union views as harsh, unfair and unreasonable. The Union therefore seeks her re-instatement without loss of pay and benefits".

The Dispute was listed for a preliminary hearing on 30 September 2005. On that day the parties were directed to file preliminary submissions within 28 days and the Dispute was listed for mention on 25 November 2005.

The Union filed its preliminary submissions on 27 October and the Employer did so on 10 November 2005.

The Dispute was then fixed for hearing on 1 February 2006. At the commencement of the hearing the Employer applied for a stay of proceedings to enable the Employer to seek leave to apply for Judicial Review. The Employer indicated that it was challenging the decision of the Chief Executive Officer to accept the report of the Trade Dispute. The application was granted and the Dispute was listed for mention on 24 February 2006.

On that day the Employer confirmed that proceedings had been commenced in the High Court challenging the standing of the Union in the Dispute. The Dispute was listed for mention on 23 June 2006. On that day the Tribunal was informed that the parties were expecting Judgment from the High Court the following week. The Dispute was relisted for mention on 28 July 2006.

The Tribunal was then informed that the Union was considering an appeal against the decision of the High Court. As a result the Dispute was subsequently listed for mention on 24 November 2006, 19 January, 23 February, 23 March, 27 April and 25 May 2007.

It would appear that a Ruling from the Fiji Court of Appeal was delivered on 29 May 2007. Leave to appeal out of time was refused.

At the mention of the Dispute on 29 June 2007, the Union made an application 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 4 day of July 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL