National Union of Factory and Commercial Workers v Food Processors (Fiji) Ltd [2007] FJAT 61; Award 63 of 2007 (18 September 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 63 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF FACTORY & COMMERCIAL WORKERS

AND

FOOD PROCESSORS (FIJI) LIMITED

NUFCW: Mr J Mudaliar
Food Processors: Mr G Singh

DECISION

This is a dispute between the National Union of Factory & Commercial Workers (the Union) and Food Processors (Fiji) Limited (the Employer) concerning the termination of employment of Mr Suresh Chand (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 3 August 2007 with the following terms of reference:

"- - - over the termination of employment of Mr Suresh Chand with effective from 5 March 2007. The Union claims that the termination is unjustified, unreasonable and harsh and seeks his re-instatement without loss of pay and other accrued benefits effective from the date of termination."

The Dispute was listed for a preliminary hearing on 14 August 2007. On that day the parties requested that the Dispute be listed for mention on 24 August 2007 as they were having further discussions and the Dispute may be resolved.

When the Dispute was called for mention on 24 August 2007, the parties informed the Tribunal that the Dispute had been settled. A signed Memorandum of Agreement dated 23 August 2007 was handed to the Tribunal.

CONSENT AWARD

The Award of the Tribunal is in the terms of a signed Memorandum of Agreement dated 23 August 2007, a copy of which is attached to this Award as Attachment 1.

DATED at Suva this 20 day of September 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL