Viti National Union of Taukei Workers v Land Transport Authority [2007] FJAT 89; Award 07 of 2007 (6 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 7 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

VITI NATIONAL UNION OF TAUKEI WORKERS

AND

LAND TRANSPORT AUTHORITY

VNUTW: Mr T Tabu
LTA: Mr J Savou

DECISION

This is a dispute between the Viti National Union of Taukei Workers (the Union) and the Land Transport Authority (the Employer) concerning the termination of employment of Rusiate Tuisovivi (the Grievor).

The Union reported a trade dispute on 7 March 2006. The report was accepted by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As the Committee did not convene within the prescribed time, the Minister authorized the Chief Executive Officer 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 22 September 2006 with the following terms of reference:

"............. for settlement over the termination of employment of Rusiate Tuisovivi with effect from 22 April 2005. The Union views this as unfair, harsh, unlawful and highly irregular and insists that the Grievor be fully re-instated with full restoration of his service, rights and privileges salaries."

The Dispute was listed for a preliminary hearing on 29 September 2006. On that day the parties were directed to file their preliminary submissions within 21 days and the Dispute was listed for mention on 27 October 2006.

The Employer filed its preliminary submissions on 16 October and the Union did so on 19 October 2006.

On 27 October 2006 at the request of the parties the Dispute was listed for a two day hearing on 11 and 12 December 2006.

When the Dispute was called for hearing on 11 December 2006, the Union made an application for the hearing dates to be vacated. The basis of the application was the need to obtain legal advice on the questions of issue estoppel and res judicata.

These issues arose as a result of a Disputes Committee decision following an earlier report of a dispute involving the same parties.

The application was not opposed by the Employer and was granted by the Tribunal.

The Dispute was relisted for mention on 19 January 2007. On that day the parties informed the Tribunal that by consent the Dispute was to be withdrawn and the proceedings discontinued. The parties 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