Fiji School of Medicine Employees Association v Fiji School of Medicine [2008] FJAT 8; Award 08 of 2008 (29 February 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 8 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI SCHOOL OF MEDICINE EMPLOYEES ASSOCIATION

AND

FIJI SCHOOL OF MEDICINE

FSMEA: Mr J Bale
FSM: Mr J Apted

DECISION

This is a dispute between Fiji School of Medicine Employees Association (the Association) and Fiji School of Medicine (the Employer) concerning the dismissal of Dr Guiseppe Cuboni (the Grievor).

A trade dispute was reported by the Association on 1 August 2007.

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 5 A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 27 September 2007 with the following terms of reference:

" - - - for settlement over the Association’s claim for unfair and wrongful termination of employment of Dr Giuseppe Cuboni with effect from 31/01/07 for alleged breach of clauses 21.2.2 (f), 21.2.1(a), 21.2.1(b) and 21.2.1(h) of the 1994 FSM Collective Agreement. The Association also claims that the Employer failed to hear Dr Cuboni’s appeal against the decision to terminate his contract of employment. The Association therefore seeks the Grievor’s re-instatement without loss of pay and/or benefits. Or alternatively, the Grievor should be compensated for the full duration of the remainder of his contract of service with the employer, starting from the date the Grievor was placed on suspension without salary, which was 02 October 2006."

The Dispute was listed for a preliminary hearing on 19 October 2007. On that day the parties were directed to file preliminary submissions by 26 October and the Dispute was listed for hearing as a matter of urgency on 1 November 2007.

At the request of the Employer, the Dispute was listed for special mention on 24 October 2007. After hearing the parties, the Tribunal vacated its earlier directions and directed that the parties file their preliminary submissions by 1 November and the Dispute was relisted for mention on 2 November 2007.

Both parties filed their preliminary submissions on 1 November 2007.

On 2 November 2007 the Tribunal gave directions for the disclosure of documents by both parties. The Tribunal also directed that the Grievor’s passport be made available to the Employer for perusal. The parties were granted leave to file supplementary submissions by 30 November 2007 and the Dispute was listed for further mention on that date.

The Employer raised a preliminary issue concerning the correct naming of the Employer. The Tribunal dealt with the application summarily by restating the accepted response to such applications. The Tribunal has consistently ruled that it has no jurisdiction to examine any aspect of the terms of reference which is presumed to be in order unless and until the High Court, in the exercise of its supervisory jurisdiction by way of judicial review, rules otherwise.

The Dispute was subsequently listed for mention on 14 December 2007, at the request of the parties. On that day the Dispute was listed for a four day hearing commencing on 22 January 2008. At the request of the parties the proceedings were adjourned to 24 January and then to 25 January and then again to 29 February 2008.

However, by separate letters dated 21 February 2008 the Employer and the Union informed the Tribunal that the Dispute had been settled. As a result the Dispute was listed for special mention on 25 February 2008. The parties confirmed that the Dispute was settled and that they sought a consent award from the Tribunal in terms that the Dispute was withdrawn and the proceedings discontinued.

CONSENT AWARD

The Dispute is withdrawn and the proceedings discontinued.

DATED at Suva this 29^th day of February 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL