PAFCO Employees Union v Pacific Fishing Company Ltd [2007] FJAT 78; Award 80 of 2007 (3 December 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 80 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

PAFCO EMPLOYEES UNION

AND

PACIFIC FISHING COMPANY LIMITED

PAFCOEU: Mr T Tokalauvere
PAFCO: Mr G Singh

DECISION

This is a dispute between PAFCO Employees Union (the Union) and Pacific Fishing Company Limited (the Employer) concerning the termination of employment of Ms A Rauluni, Ms M Rokovela and Mr I Radovu (the Grievors).

A trade dispute was reported by the Union on 4 December 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 5 A (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 unlawful and unfair termination of employment of Mrs Apolonia Rauluni, Mrs Milika Rokovela and Mr Ilaita Radovu on 16 November 2006. The union contends that the Grievors be re-instated with full pay and benefits."

The Dispute was listed for a preliminary hearing on 12 July 2007. On that day the arties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 22 August 2007.

The Employer filed its preliminary submissions on 26 July and the Union did so on 27 July 2007.

The Dispute was then listed for further mention on 21 September and subsequently fixed for hearing on 22 November 2007, at the request of the parties.

Due to a part heard dispute it was necessary for the Tribunal to vacate the allocated hearing date.

The Dispute was listed for special mention on 26 November 2007. On that day the parties informed the Tribunal that the Dispute had been settled. A signed Agreement dated 21 November 2007 was filed. The parties requested a consent Award in terms.

CONSENT AWARD

The Award of the Tribunal is in the terms of a signed Agreement dated 21 November 2007 filed herein and a copy of which is Attachment A to this Award.

DATED at Suva this 3 day of December 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL