Fiji Bank and Finance Sector Employees Union v Fiji National Provident Fund [2008] FJAT 19; Award 20 of 2008 (3 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 20 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION

AND

FIJI NATIONAL PROVIDENT FUND

FBFSEU: Mr P Rae and Mr D Singh
FNPF: Ms A Ali

DECISION

This is a dispute between Fiji Bank and Finance Sector Employees Union (the Union) and Fiji National Provident Fund (the Employer) concerning the suspension and dismissal of Shainaaz Bano (the Grievor).

A trade dispute was reported by the Union.

The report was accepted 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 15 January 2008 with the following terms of reference:

" - - - for settlement over the suspension on 17 April 2007 and subsequent dismissal on 13 July 2007 of Shainaaz Bano over allegations of breaching FNPF HR policy which actions the union views as harsh, unjust and unfair and in breach of the Disciplinary Procedures of the Collective Agreement. Therefore the union seeks Ms Bano’s re-instatement without loss of pay and benefits."

The Dispute was listed for a preliminary hearing on 30 January 2008. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 29 February 2008.

The Employer filed its preliminary submissions on 25 February 2008.

At the request of the parties the Dispute was subsequently relisted for mention on 28 March 2008.

On that day the Tribunal was informed that the parties sought a consent Award from the Tribunal to the effect that the Dispute is withdrawn and the proceedings are discontinued.

CONSENT AWARD

The Dispute is discontinued and the proceedings are discontinued.

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

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL