Fiji Sugar and General Workers Union v General Machinery Hire Ltd [2008] FJAT 29; Award 31 of 2008 (3 June 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 31 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SUGAR AND GENERAL WORKERS UNION

AND

GENERAL MACHINERY HIRE LIMITED

FSGWU: Mr F Anthony
GMH: Ms P Kenilorea

DECISION

This is a dispute between Fiji Sugar and General Workers Union (the Union) and General Machinery Hire Limited (the Employer) concerning the laying off of Mr Mohammed Jamir (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 October 2007 with the following terms of reference:

"- - - for settlement over the laying off of Mr Mohammed Jamir with effect from 24 January 2007. The union contends that the employer had acted unfairly and unjustly and therefore the union seeks Mr Jamir’s re-instatement without loss of pay and benefits from the date the Doctor certified him fit for duties."

The Dispute was listed for a preliminary hearing on 19 October 2007. On that day the parties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 30 November 2007.

The Employer filed its preliminary submissions on 15 November 2007.

The Dispute was subsequently relisted by consent for mention on 30 January, 29 February and 28 March 2008.

The Union eventually filed its preliminary submissions on 29 February 2008.

The Dispute was listed for hearing on 12 May 2008. On that day the parties advised the Tribunal that the Dispute had been settled.

The parties indicated that they were seeking a consent award in terms of a signed memorandum of agreement which was to be filed on the same day.

By letter dated 19 May 2008 from the Employer the Tribunal received the signed Memorandum of Agreement dated 12 May 2008.

CONSENT AWARD

The tribunal’s Award is in terms of a signed Memorandum of Agreement dated 12 May 2008 and filed herein a copy of which is Attachment 1 to the Award.

DATED at Suva this 3 day of June 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL