Fiji School of Medicine Employees Association v Fiji School of Medicine [2007] FJAT 57; Award 59 of 2007 (9 August 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 59 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SCHOOL OF MEDICINE EMPLOYEES ASSOCIATION

AND

FIJI SCHOOL OF MEDICINE

FSMEA: Mr J Bale
F S M: Mr J Apted

DECISION

This is a dispute between Fiji School of Medicine Employees Association (the Association) and Fiji School of Medicine (the Employer) concerning the unlawful acceptance of Shiu Anand’s (the Grievor) resignation.

A trade dispute was reported by the Association on 3 October 2006. The report was accepted by the Permanent Secretary who referred the Dispute to a Disputes Committee.

Subsequently the Minister authorized the Permanent Secretary 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 May 2007 with the following terms of reference:

"- - - over the wrongful and unlawful acceptance of Shiu Anand’s resignation two and half months after Mr Anand had withdrawn it. The Association therefore contends that its member Mr Shiu Anand must in all fairness be re-instated immediately without loss of any pay or benefits and must be allowed to serve out the remainder of his fixed term contract with the Employer or alternatively to be compensated accordingly."

The Dispute was listed for a preliminary hearing on 8 June 2007. On that day the Dispute was listed for mention on 22 June 2007 at the request of the parties. The parties were then directed to file their preliminary submissions by 12 July 2007 and the Dispute was listed for further mention on 16 July 2007.

The Employer filed its preliminary submissions on 19 July and the Association did so on 25 July 2007.

On 27 July 2007 the parties were directed to file a signed statement of agreed facts by Tuesday 31 July and the Dispute was relisted for mention on 1 August 2007.

The signed Statement of Agreed Facts was filed as directed on 31 July 2007. When the Dispute was called for the presentation of oral closing submissions on 2 August 2007 the Union through its representative informed the Tribunal that it was applying for the Dispute to be withdrawn and the proceedings discontinued. The Employer indicated that it consented to the application.

CONSENT AWARD

The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 9 day of August 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL