National Union of Municipal Workers v Suva City Council [2007] FJAT 80; Award 82 of 2007 (6 December 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 82 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF MUNICIPAL WORKERS

AND

SUVA CITY COUNCIL

NUMW: Mr A Singh
SCC: Mr J Apted

DECISION

This is a dispute between the National Union of Municipal Workers (the Union) and Suva City Council (the Employer) concerning the Union’s 2003 Log of Claims.

A trade dispute was reported by the Union on 19 February 2004. The report was accepted on 1 March 2004 by the Chief Executive Officer who referred the Dispute to conciliation.

As the Dispute was not settled and pursuant to an Agreement dated 28 May 2004 the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 6 (1) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 15 June 2004 with the following terms of reference:

" - - - for settlement over [items 1, 2, 3 and 4 of Part C of] the attached union’s Log of Claims 2004 that was submitted to the Employer dated 15 December 2003."

It was accepted that there was an error which was to be regarded as a slip. It was the 2003 Log of Claims.

The Dispute was listed for a preliminary hearing on 18 June 2004. On that day the parties were directed to file preliminary submissions within 42 days and the Dispute was listed for mention on 15 September 2004. The Employer filed its preliminary submissions on 7 September 2004 and the Union eventually did so on 29 March 2005.

At the request of the parties, the Dispute was listed for mention on a number of occasions between September 2004 and April 2005.

At a special mention on 8 April 2005 the Tribunal was informed that the Fiji Human Rights Commission had taken up the cause of one of the Union’s members by seeking a declaration from the High Court as to whether the compulsory retirement age of 55 was discriminatory.

The Dispute was subsequently listed for mention on 27 May, 30 September, 25 November 2005, 24 February, 23 June, 27 October, 24 November 2006, 19 January, 27 April, 25 May and 1 June 2007 to allow the completion of the High Court proceedings.

The parties then requested further time to consider the position following the delivery of the High Court decision.

When the Dispute was called for mention on 30 November 2007 the parties indicated to the Tribunal that a consent award was sought withdrawing the Dispute and discontinuing the proceedings before the Tribunal.

CONSENT AWARD

The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 6 day of December 2007.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL