Fiji Electricity Workers Association v Fiji Electricity Authority [2008] FJAT 18; Award 19 of 2008 (3 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 19 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI ELECTRICITY WORKERS ASSOCIATION

AND

FIJI ELECTRICITY AUTHORITY

FEWA: Mr D Urai
FEA: Ms A Cama

DECISION

This is a dispute between Fiji Electricity Workers Association (the Association) and Fiji Electricity Authority (the Authority) concerning the deduction of two days pay from Nalini Khan (the Grievor).

A trade dispute was reported by the Union on 11 December 2006.

The report was accepted on 11 July 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 27 September 2007 with the following terms of reference:

" - - - over the deduction of two days pay from Ms Nalini Khan’s salary by the Authority for 26 and 27 September 2006 which the Association contends was unfair, unreasonable and unjustified and seeks payment for the two days wages that has been deducted."

The Dispute was listed for a preliminary hearing on 19 October 2007. On that day at the request of the parties the Dispute was listed for mention on 30 November 2007. The Dispute was subsequently relisted for mention on 30 January, 29 February and 28 March 2008.

On 28 March 2008 the Grievor appeared in person and as an official of the Association informed the Tribunal that the Dispute had been settled. The Association sought an Award to the effect that the Dispute is withdrawn and the proceedings are discontinued. As there was no appearance by the Authority the Tribunal indicated that it would make an Award to that effect as unopposed.

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The Dispute is withdrawn and the proceedings are discontinued.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