PAFCO Employees Union v Pacific Fishing Company Ltd [2008] FJAT 26; Award 27 of 2008 (20 May 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 27 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

PAFCO EMPLOYEES UNION

AND

PACIFIC FISHING COMPANY LIMITED

PAFCOEU: Mr T Tokalauvere
PAFCO: Mr G Singh

DECISION

This is a dispute between PAFCO Employees Union (the Union) and Pacific Fishing Company Limited (the Employer) concerning the laying off of eleven (11) employees (the Grievors).

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 9 August 2007 with the following terms of reference.

"- - - over the laying off of the following eleven (11) union members who were dignosed with sexually transmitted diseases which the union claims is unfair, unlawful, procedurally wrong and is in breach of section 1 (a) and section 11 of the Collective Agreement.

i) Rigieta Nete

ii) Lui Matakarawa

iii) Josese Kuruvoli

iv) Manasa Nete

v) Josaia Dretiwaidau

vi) Udite Tawakece

vii) Sebiuta Caginivalu

viii) Vilimoni Madanaivalu

ix) Matila Veremalumu

x) Savaira Bativakalolo

xi) Suliano Sokokibau "

The Dispute was listed for a preliminary hearing on 14 August 2007. On that day the parties were directed to file preliminary submissions by 23 August and the Dispute was listed for mention on 24 August 2007.

At the request of the parties the Dispute was listed for mention on 22 August 2007. On that day the parties were granted a further 7 days to file preliminary submissions and the Dispute was listed for further mention on 21 September 2007.

By consent the Dispute was listed for mention on 6 November, 30 November 2007, 30 January, 28 March, 25 April and 5 May 2008.

On 5 May 2008 the parties informed the Tribunal that the Dispute had been settled. Later the same day the parties filed a signed Agreement dated 10 January 2008 and a second signed Agreement dated 5 May 2008.

CONSENT AWARD

The Award of the Tribunal is in accordance with paragraphs 1-5 of the signed Agreement dated 10 January 2008 and paragraphs 1 and 2 of the signed Agreement dated 5 May 2008. Copies of the two Agreements are Attachments 1 and 2 respectively to this Award.

DATED at Suva this 20 day of May 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL