Telecommunications Employees Association v Fiji International Telecommunications Ltd [2008] FJAT 5; Award 05 of 2008 (14 February 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 5 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

TELECOMMUNICATIONS EMPLOYEES ASSOCIATION

AND

FIJI INTERNATIONAL TELECOMMUNICATIONS LIMITED

TEA: Mr A Singh
FINTEL: Mr N Barnes and Mr J Apted

DECISION

This is a dispute between the Telecommunications Employees Association (the Union) and Fiji International Telecommunications Limited (the Employer) concerning entitlements to Cost of Living Adjustments (COLA) since 1999.

A trade dispute was reported by the Union.

The report was accepted by the Permanent Secretary who referred the Dispute to the Minister.

The Minister subsequently authorized the Permanent Secretary to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 6 2 (b).

The Dispute was referred to the Permanent Arbitrator on 2 July 2007 with the following terms of reference:

" - - - for settlement over the company not agreeing to the continuation and payment of Cost of Living Adjustment to employees since 1999 as per attached claim marked as (Appendix 1).

[Attached to the Reference was a letter dated 28 August 2006 from the Union addressed to the Employer’s Human Resources and Logistics Manager].

The Dispute was listed for a preliminary hearing on 6 July 2007. On that day the parties were directed to file preliminary submissions by 19 July 2007 and the Dispute was listed for mention on 20 July 2007.

The Union filed its preliminary submissions on 13 August and the Employer did so on 20 August 2007.

The Dispute was subsequently listed for mention on 10 August and 24 August 2007.

When the Dispute was called for hearting on 19 September 2007, the parties applied for the hearing date to be vacated so that further discussions could take place to identify the issues in dispute. The application was granted and the Dispute was relisted for mention on 21 September 2007, and then again on 19 October and 30 November 2007.

The Dispute was fixed for hearing on 21 January 2008. When the hearing commenced the parties discussed with the Tribunal whether it was appropriate to call evidence in a Dispute which primarily raised issues of interpretation of agreements between the parties. In particular the parties discussed the scope and effect of the Fiji Court of Appeal decision in Hassan Din and Another –v- Westpac Banking Corporation (unreported Civil Appeal No 66 of 2003 delivered on 26 November 2004).

The Union then made an application to withdraw the Dispute and discontinue the proceedings before the Tribunal. The Employer indicated its consent to the application.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 14^th day of February 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL