National Union of Hospitality, Catering and Tourism Industries Employees v Shangri-La's Fijian Resort [2007] FJAT 48; Award 50 of 2007 (30 July 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 50 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING AND
TOURISM INDUSTRIES EMPLOYEES

AND

SHANGRI-LA’S FIJIAN RESORT

NUHCTIE: Mr D Urai
Shangri-la: Mr J Apted

DECISION

This is a dispute between the National Union of Hospitality Catering and Tourism Industries Employees (the Union) and Shangri-la’s Fijian Resort (the Resort) concerning the summary dismissal of Mr Saimoni Naruma (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 30 March 2006 with the following terms of reference:

"- - - for settlement over the summary dismissal of Mr Saimoni Naruma with effect from 24 January 2005 over allegations of theft by the hotel management, which is blatantly refuted by the Grievor. The Union submits that management’s action to summarily dismiss Mr Naruma is unfair and unjust and therefore he should be re-instated without any loss of benefits".

The Dispute was listed for a preliminary hearing on 28 April 2006. On that day the parties were directed to file preliminary submissions within 6 weeks and the Dispute was listed for mention on 23 June 2006.

The Union filed its preliminary submissions on 22 June and the Resort did so on 23 June 2006.

At the request of the parties the Dispute was listed for mention on 28 July, 1 September 24 November 2006 and 19 January 2007. The Tribunal then listed the Dispute for special mention on 2 February 2007. On that day the Dispute was fixed for hearing on 4 June 2007.

By letter dated 16 May 2007 the Union applied for the hearing date to be vacated due to the non-availability of its advocate. The Dispute was listed for mention on 18 May 2007. On that day the hearing date was formally vacated and the Dispute was refixed for hearing on 23 July 2007.

When the Dispute was called on for hearing on 23 July 2007 the parties informed the Tribunal that the Dispute had been settled.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 30 day of July 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL