Fiji Public Service Association v Fiji Institute of Technology [2008] FJAT 6; Award 06 of 2008 (14 February 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 6 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI INSTITUTE OF TECHNOLOGY

FPSA: Mr N Tofinga
FIT: Mr V Maharaj

DECISION

This is a dispute between Fiji Public Service Association (the Association) and Fiji Institute of Technology (the Council) concerning the termination of employment of Parmeshwar Narayan (the Grievor).

A trade dispute was reported by the Association on about 12 July 2007.

The report was accepted on 11 September 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 30 October 2007 with the following terms of reference:

"- - - The Dispute is over the termination of employment of Mr Parmeshwar Narayan which the Association contends that the action taken by the Council was unlawful and wrong and seeks by way of an order to rescind Council’s decision and re-instate Mr Narayan to the tenured status quo as per his existing terms and conditions of employment without any loss of pay and/or benefits.

The Dispute was listed for a preliminary hearing on 7 November 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 Council filed its preliminary submissions on 29 November and the Association did so on 7 December 2007.

When the Dispute was called for mention on 30 January 2008 the parties applied for a consent award from the Tribunal withdrawing the Dispute and discontinuing the proceeds.

CONSENT AWARD

The Dispute is withdrawn and the proceedings are discontinued.

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

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL