Fiji Public Service Association v Arbitration Tribunal [2002] FJCA 48; ABU0013.1999S (19 February 2002)

IN THE FIJI COURT OF APPEAL
CIVIL JURISDICTION

CIVIL APPEAL NO.ABU0013 OF 1999S
(On appeal from the High Court of Fiji at Suva in Judicial Review No.GHBJ 22 of 1997S)

BETWEEN:

FIJI PUBLIC SERVICE ASSOCIATION AND

SATISH KUMAR (father’s name Sukh Ram)
Appellants

AND:

THE ARBITRATION TRIBUNAL
First Respondent

AND:

FIJI ISLANDS TRADE AND INVESTMENT BOARD
Second Respondent

Coram: Eichelbaum JA (Presiding Judge)
Sheppard JA
Smellie JA

Hearing: 21 November 2001

Counsel: Mr H. Nagin for the Appellants
Ms N. Basawaiya for the First Respondent
Mr. J. Apted for the Second Respondent

Date of Judgment: 19 February 2002

JUDGMENT OF THE COURT

The appeal which is brought by the appellants is f rom part of the order of the High Court of Fiji (Scott J.) made on 18 February 1999. By the order his Lordship declared that the Arbitration Tribunal (the first respondent) erred in holding that an industrial agreement described as "the Collective Agreement", insofar as it restricted an employer’s right summarily to dismiss an employee, was ultra vires the Employment Act (Cap.92). The only other order made by the Court was an order that all other prayers for relief by the applicants (the appellants before us) be dismissed.

Eichelbaum JA (Presiding Judge)
Sheppard JA
Smellie JA