National Union of Hospitality, Catering and Tourism Industries Employees v Wananavu Beach Resort [2007] FJAT 58; Award 60 of 2007 (13 August 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 60 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING AND TOURISM INDUSTRIES EMPLOYEES

AND

WANANAVU BEACH RESORT

NUHCTIE: Mr N Kumar
Wananavu: Mr J Mangal

DECISION

This is a dispute between the National Union of Hospitality Catering and Tourism Industries Employees (the Union) and Wananavu Beach Resort (the Employer concerning the suspension of and warning issued to Ilisoni Malumu (the Grievor).

A trade dispute was reported by the Union on 16 January 2007. 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 2 July 2007 with the following terms of reference:

"- - - for settlement over the suspension and issuance of a formal warning to Mr Ilisoni Malumu on 22.11.06 and redundancy wef 07/12/06. The union contends that the formal warning, suspension and redundancy were unfair, unjust and wrong and that Mr Malumu should be re-instated to his former position without loss of pay and benefits."

The Dispute was listed for a preliminary hearing on 6 July 2006. On that day the parties were directed to file preliminary submissions by 19 July 2007 and the Dispute was listed for mention on 23 July 2007. The Union filed its preliminary submissions on 17 July and the Employer did so on 20 July 2007. The Dispute was then listed for mention on 27 July 2007 and 10 August 2007.

When the Dispute was called on 10 August 2007 the parties informed the Tribunal that the Dispute had been settled. The parties requested the Tribunal to make a consent award in the terms of a signed Memorandum of Agreement dated 8 August 2007 a counterpart of which was handed to the Tribunal.

CONSENT AWARD

The Tribunal’s Award is in the terms set out in a signed Memorandum of Agreement dated 8 August 2007 a copy of which is attached to this Award as Attachment A.

DATED at Suva this 13 day of August 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL