National Union of Hospitality, Catering and Tourism Industries Employees v Vomo Island Resort [2007] FJAT 70; Award 72 of 2007 (3 October 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 72 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY, CATERING AND
TOURISM INDUSTRIES EMPLOYEES

AND

VOMO ISLAND RESORT

NUHCTIE: Mr D Urai
Vomo: Mr J Apted

DECISION

This is a dispute between National Union of Hospitality Catering and Tourism Industries Employees (the Union) and Vomo Island Resort (the Employer) concerning the termination of employment of Ms Elena Tinai (the Grievor).

A trade dispute was reported by the Union on 2 November 2006. The report was accepted by the Chief Executive Officer 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 termination of employment of Ms Elena Tinai with effect from 14 October 2006. The union contends that the termination was unfair and unjust and that Ms Tinai be re-instated without loss of pay and benefits."

The Dispute was listed for a preliminary hearing on 6 July 2007. On that day the parties were directed to file preliminary submissions within 14 days and the Dispute was listed for mention on 23 July 2007.

The Employer filed its preliminary submissions on 20 July and the Union did so on 23 July 2007.

The Dispute was listed for hearing on 29 August 2007. On that day the parties informed the Tribunal that they had reached agreement on a settlement of the Dispute. The Dispute was adjourned for mention on 21 September 2007. The parties informed the Tribunal on 21 September that they sought from the Tribunal a consent award to the effect that the Dispute was withdrawn.

CONSENT AWARD

The Dispute is withdrawn and the proceedings before the Tribunal are discontinued.

DATED at Suva this 3 day of October 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL