National Union of Hospitality, Catering and Tourism Industries Employees v Nagigia Island Resort [2007] FJAT 88; Award 06 of 2007 (6 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 6 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

NATIONAL UNION OF HOSPITALITY, CATERING AND
TOURISM INDUSTRIES EMPLOYEES

AND

NAGIGIA ISLAND RESORT

NUHCTIE: Mr M Mataka
Resort: Mr J Apted

DECISION

This is a dispute between the National Union of Hospitality, Catering and Tourism Industries Employee (the Union) and Nagigia Island Resort (the Resort) concerning the termination of employment of nine employees (the Grievors).

A trade dispute was reported by the Union. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Resort failed to nominate its representative to the Committee within the prescribed time, 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 15 February 2006 with the following terms of reference:-

"......................... for settlement over the termination of employment of nine employees with effect from 9 August 2005. The Union contends that there was no collective agreement in place signed by both parties and therefore the decision by management was dictatorial, unfair and unjust and therefore should re-instate all the employees to their previous positions without loss of benefits."

The Dispute was listed for a preliminary hearing on 24 February 2006. At the request of the Resort the Dispute was then listed for mention on 24 March 2006.

Although there was no appearance by or on behalf of the Employer on that day, the parties were directed to file preliminary submissions within 21 days and the Dispute was again listed for mention on 28 April 2006. On that day both parties were granted a further 28 days to file their preliminary submissions and the Dispute was relisted for mention on 23 June 2006.

The Union filed its preliminary submission on 22 June 2006.

On 23 June 2006 the Resort was directed to file and serve its preliminary submissions within 14 days and the Union was directed to serve its submissions on the Employer also within 14 days. The Dispute was listed for further mention on 28 July 2006.

At the request of the parties the Dispute was then listed for mention on 1 September, 29 September, 27 October, 24 November 2006 and 19 January 2007.

The Resort eventually filed its preliminary submission on 17 November 2006.

On 19 January 2007 the parties informed the Tribunal that by consent the Dispute was to be withdrawn and the proceedings discontinued. They requested a consent award in those terms.

CONSENT AWARD

The Dispute is withdrawn and the proceedings wholly discontinued.

DATED at Suva this 6 day of February 2007

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL