Fiji Public Service Association v Public Service Commission [2008] FJAT 20; Award 21 of 2008 (10 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 21 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

PUBLIC SERVICE COMMISSION

FPSA: Mr N Tofinga
PSC: Mr A Maqbool

RULING

This is a dispute between Fiji Public Service Association (the Association) and Public Service Commission (the Commission) concerning the dismissal of Mr J Saurara (the Grievor).

This is a Ruling in respect of an application by the Commission for the hearing dates to be vacated. The Award of the Tribunal will set out the background and the procedural steps in relation to the Dispute.

The Dispute was listed for mention on 28 March 2008. On that day the parties requested a hearing date and indicated that two days would be required. The parties also indicated that the dates 8 and 9 April 2008 would be convenient.

By letter dated 2 April 2008 the Commission advised the Tribunal that its principal witness was away in Australia and unavailable until the end of May 2008. The letter was copied to the Association. The parties were advised that the application would need to be made at the commencement of the hearing on 8 April 2008.

When the Dispute was called on for hearing the Commission confirmed that the basis of the application was the absence overseas of its principal witness.

Having heard the parties as to the allegations and circumstances surrounding the dismissal of the Grievor, the Tribunal concluded that it would be in the interests of fairness and justice for the former High Commissioner to India to give evidence at the hearing.

As a result the Tribunal reluctantly granted the Commission’s application which was opposed by the Association.

However, the Tribunal indicated that as a result two hearing days had been wasted. These days could not be filled by other disputes due to short notice.

The Tribunal also concluded that the Commission knew or ought to have known that its principal witness was not available when it accepted the hearing dates of 8 and 9 April 2008. It was always open to the Commission to indicate at the mention that the proposed dates were not convenient.

As a result the Tribunal concluded that the application would be granted on terms that the Commission pay any costs wasted or thrown away on account of the Commission’s predicament.

The Tribunal fixed the Grievor’s expenses thrown away or wasted at $20.00 which amount is required to be paid to the Union within seven days.

Usually the Tribunal would also fix a substantial amount ($500 for 2 days) in respect of the Tribunal time and Ministry resources wasted as a result of the Commission’s application. However taking into account Mr Maqbool’s relative inexperience and his explanation concerning the difficulties which he faced on taking over the file, the Tribunal indicated that on this occasion (and this occasion only) it would dispense with the additional costs.

DATED at Suva this 10^th day of April 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL