Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2008] FJET 3; Misc01.2008 (20 November 2008)

IN THE EMPLOYMENT TRIBUNAL
AT SUVA

Miscellaneous Dispute
No 1 of 2008

BETWEEN:

FIJI PUBLIC SERVICE ASSOCIATION

AND:

FIJI ISLAND REVENUE AND CUSTOMS AUTHORITY

FPSA: Mr N Tofinga
FIRCA: Mr B Solanki

DECISION

In a letter dated 20 October 2008 addressed to the Permanent Secretary the Fiji Public Service Association (the Union) made a complaint against the Fiji Islands Revenue and Customs Authority (the Employer). The complaint involved an allegation that the Employer was attempting to disrupt the status quo in breach of the Collective Agreement when the Union had commenced proceedings in the Employment Court. Those proceedings were by way of an "Application of Notice of Appeal" dated 29 September 2008.

The parties subsequently appeared before the Tribunal on 11 November 2008.

Having heard the oral submissions from each party, the Tribunal concluded that the issue raised by the Union related to its proceedings in the Employment Court and as a result the Tribunal had no jurisdiction under the Promulgation to deal with the application. The Tribunal indicated that the appropriate course was for the Union to apply for an interim injunction from the Employment Court. The Tribunal also indicated that whether the substantive issue raised a cause of action was a matter for the Court.

Following further submissions the parties indicated that they consented to an order that the Union's application in its letter dated 20 October 2008 be struck out.

There were no orders sought nor any orders made in relation to costs.

DATED at Suva this 20th day of November 2008.

EMPLOYMENT TRIBUNAL