Fiji Teachers Union v Public Service Commission [2007] FJAT 65; Award 67 of 2007 (20 September 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 67 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI TEACHERS UNION

AND

PUBLIC SERVICE COMMISSION

FTU: Mr A D Singh
PSC: Mr J Mainavukea

DECISION

This is a dispute between Fiji Teachers Union (the Union) and Public Service Commission (the Employer) concerning the termination of employment of Alvin Ashwind Swami (the Grievor).

A trade dispute was reported by the Union on 5 July 2006. The report was accepted on 17 August 2006 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 23 October 2006 with the following terms of reference:

"- - - for settlement over the decision of the Principal Education Officer – Technical Vocational Training Section of the Ministry to terminate Alvin Ashwind Swami’s appointment with effect from 13 June 2006.

The Union deems that the decision - - - to be improper unlawful and unjustified. The Union therefore seeks Alvin Ashwind Swami’s immediate reinstatement without any loss of pay or benefits.

The Dispute was listed for a preliminary hearing on 27 October 2006. On that day the parties were directed to file preliminary submissions within 28 days and the Dispute was listed for mention on 24 November 2006.

Both parties filed their preliminary submissions on 23 November 2006.

At the request of the parties the Dispute was relisted for mention on 19 January 2007.

The Dispute was then listed for hearing on 15 and 16 March 2007. On 15 March the Employer made an application for the hearing dates to be vacated.

Although the application was opposed, the Tribunal vacated the hearing dates on terms that Employer pay $117.00 as costs thrown away or wasted within 14 days to the Union. The Dispute was listed for mention on 23 March 2007 and then refixed for hearing on 1 August 2007.

When the Dispute was called on for hearing on 1 August 2007, the Employer again made an application for the date to be vacated. Although opposed by the Union, the Tribunal granted the application on terms that the Employer pay $129.00 costs thrown away with 14 days to the Union.

The hearing of the Dispute was refixed to commence on 12 September 2007. On that day the parties informed the Tribunal that the Dispute had been settled. A signed Memorandum of Agreement dated 7 September 2007 was handed to the Tribunal.

CONSENT AWARD

The Award of the Tribunal is in the terms of the signed Memorandum of Agreement dated 7 September 2007 filed herein and a copy of which is Attachment 1 to this Award.

DATED at Suva this 20 day of September 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL