Fiji Sugar and General Workers Union v General Machinery Hire Ltd [2008] FJAT 35; Award 37 of 2008 (23 June 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 37 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SUGAR & 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 temporary lay off of Mr Bhisam Kumar (the Grievor).

A trade dispute was reported by the Union on 12 January 2007.

The report was accepted on 24 April 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 11 November 2007 with the following terms of reference:

"- - - over the temporary lay off of Mr Bhisam Kumar from employment with effect from 10 January 2007. The Union contends that the company has not negotiated the lay off and therefore is unfair and unjust. The Union seeks that Mr Bhisam be re-instated immediately without loss of pay and benefits"

The Dispute was listed for a preliminary hearing on 20 November 2007. On that day the arties were directed to file preliminary submissions within 21 days and the Dispute was listed for mention on 14 December 2007. On that day both parties were granted an extension of 21 days to file their preliminary submissions and the Dispute was relisted for mention on 30 January 2008.

The Employer filed its preliminary submissions on 8 January 2008 and the Union did so 29 February 2008.

By consent the Dispute was listed for mention on 29 February, 28 March, 25 April and 26 May 2008.

The hearing of the Dispute commenced on 3 June 2008 in Suva. During the course of the evidence by the Grievor the parties requested an adjournment for further discussions. Upon resumption the Tribunal was informed that the Dispute had been settled. The parties were directed to file signed terms of settlement within seven days.

A signed Memorandum of Agreement dated 3 June 2008 was filed on 5 June 2008.

CONSENT AWARD

The Award of the Tribunal is in terms of a signed Memorandum of Agreement dated 3 June 2008 and filed herein, a copy of which is Attachment 1 to this Award.

DATED at Suva this 23 day of June 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL