National Union of Hospitality, Catering and Tourism Industries Employees v Walu Beach Resort [2007] FJAT 47; Award 49 of 2007 (30 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 49 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING AND TOURISM INDUSTRIES EMPLOYEES

AND

WALU BEACH RESORT

NUHCTIE: Mr N Tofinga
Walu Beach: Mr S Singh

DECISION

This is a dispute between National Union of Hospitality Catering and Tourism Industries Employees (the Union) and Walu Beach Resort (the Resort) concerning the termination of employment of Mr Matia Laladidi (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.

Subsequently 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 November 2005 with the following terms of reference:

"- - - for settlement over the termination of employment of Mr Matia Laladidi. The Union submitted that the termination is unjust and unfair and therefore the Grievor should be re-instated without any loss of benefits".

The Dispute was listed for a preliminary hearing on 27 January 2006. On that day the parties were directed to file preliminary submissions by 27 February 2006 and the Dispute was listed for mention on 24 March 2006.

The Resort filed its preliminary submission on 27 February 2006 and the Union did so on 23 March 2006.

There was no appearance by or on behalf of the Resort on 24 March nor on 28 April. The Dispute was also listed for mention on 26 May and 23 June 2006. On that day the Dispute was fixed for hearing on 25 September 2006.

By letter dated 25 July 2006 the Union made an application for the hearing date to be vacated due to the non-availability of its advocate. As a result the Dispute was listed for mention on 1 September 2006. Although there was no appearance by or on behalf of the Resort on that day, the Tribunal directed that the hearing date be vacated and the Dispute was relisted for mention on 29 September 2006. On that day there was no appearance by either party and the Dispute was listed for mention on 27 October 2006. The Dispute was then fixed for hearing on 25 January 2007.

When the Dispute was called on for hearing, the Union made an application for the hearing date to be vacated due to the absence of the Grievor. The application was granted on terms that the Union pay to the Resort the sum of $316 costs thrown away (wasted) within 28 days and the Dispute was listed for mention on 23 February 2007. The Dispute was refixed for hearing on 3 May 2007.

When the Dispute was called on for hearing the Union again applied for the hearing date to be vacated due to the absence of the Grievor. The application was granted on terms that the Union pay $316 as costs thrown away/wasted within 28 days. The Dispute was listed for mention on 25 May 2007 and then refixed for hearing on 9 July 2007.

When the Dispute was called on for hearing the Union made an application for an Award to the effect that the Dispute be withdrawn and the proceedings discontinued. The Resort did not oppose the application.

The Tribunal noted that the costs awarded by the Tribunal on 3 May 2007 in the sum of $316 remained unpaid. The Tribunal directed that those costs be paid within seven days, in default of which the Tribunal would not proceed further with any dispute in which the Union was a party.

AWARD

The Dispute is withdrawn and the proceedings before the Tribunal are wholly discontinued.

Unpaid costs are to be paid within seven days.

DATED at Suva this 30 day of July 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL