National Union of Hospitality, Catering and Tourism Industries Employees v Southern Cross Hotel [2007] FJAT 64; Award 66 of 2007 (20 September 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 66 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY CATERING AND
TOURISM INDUSTRIES EMPLOYEES

AND

SOUTHERN CROSS HOTEL

NUHCTIE: Mr D Urai
Southern Cross: Ms D Prakash

DECISION

This is a dispute between National Union of Hospitality Catering and Tourism Industries Employees (the Union) and Southern Cross Hotel (the Employer) concerning the termination of employment of Mr Lote Bolitu and Ms Ellan McGoon (the Grievors).

A trade dispute was reported by the Union. 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 9 May 2007 with the following terms of reference:

"- - - for settlement over the termination of employment of Mr Lote Bolitu and Ms Ellan McGoon. The Union claims that the two workers were unfairly and unjustly terminated and that they should be re-instated without loss of pay and benefits.

The Dispute was listed for a preliminary hearing on 18 May 2007. On that day the Dispute was listed for mention on 25 May 2007 to enable the parties to determine the progress of an application for judicial review based on the status of the Union.

On 25 May 2007 the Tribunal was informed that the High Court documents had been filed with the Court Registry on 24 May 2007. The Dispute was relisted for mention on 29 June, 24 August and 21 September 2007.

However, by letter dated 11 September 2007 the legal practitioners acting for the Employer informed the Tribunal that the Dispute had been settled. Enclosed with the letter was a copy of a signed Memorandum of Agreement.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 20 day of September 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL