Finance Sector Managerial Staff Association v ANZ Banking Group Ltd [2008] FJAT 17; Award 18 of 2008 (3 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 18 of 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FINANCE SECTOR MANAGERIAL STAFF ASSOCIATION

AND

ANZ BANKING GROUP LIMITED

FSMSA: Mr D Sharma
ANZ: Mr J Apted

DECISION

This is a dispute between the Finance Sector Managerial Staff Association (the Union) and ANZ Banking Group Limited (the Employer) concerning the Employer’s refusal to Mrs Ana Nagatalevu (the Grievor).

A trade dispute was reported by the Union on 4 June 2007.

The report was accepted on 25 June 2007 by the Permanent Secretary 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 3 August 2007 with the following terms of reference:

"- - - over the Bank’s refusal to withdraw warning letter dated 3 April 2007 issued to Mrs Ana Nagatalevu and going back to the year 2003 – 2007 to allege that Mrs Ana’s performance has been unsatisfactory. The union seeks the withdrawal of the warning letter issued to Mrs Ana and also seeks the Bank to review and negotiate the Performance Agreement Procedures with the union."

The Dispute was listed for a preliminary hearing on 14 August 2007. On that day the parties were directed to file preliminary submissions by 8 September and the Dispute was listed for mention on 14 September 2007. At the written request of the parties the mention date was vacated and the Dispute was relisted for mention on 21 September and then again on 19 October 2007.

The Employer filed its preliminary submissions on 12 November and the Union did so on 13 November 2007.

The Dispute was initially listed for hearing on 14 and 15 February 2008. Upon an oral inter application on 12 February 2008 by the Union which was opposed by the Employer, the Tribunal vacated the fhearing dates and directed that the Dispute be listed for mention on 28 March 2008.

On 28 March 2008 the parties informed the Tribunal that a consent award was sought from the Tribunal to the effect that the Dispute was withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 3^rd day of April 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL