Fiji Bank & Finance Sector Employees Union v ANZ Banking Group Ltd [2009] FJET 26; ERT Dispute 57.2008 (29 July 2009)

IN THE EMPLOYMENT RELATIONS TRIBUNAL
AT SUVA

ERT Dispute No. 57/2008

BETWEEN:

FIJI BANK & FINANCE SECTOR EMPLOYEES UNION
("the Union")

AND:

ANZ BANKING GROUP LIMITED
("ANZ")

For the Union : Mr. Pramod Rae
For ANZ : Munro Leys

CONSENT DECISION

The Union reported the employment dispute to the Permanent Secretary for Labour on 16th September 2008, and on 18th November 2008 the Permanent Secretary accepted the report of the employment dispute and referred it to the Employment Relations Tribunal for adjudication.

At the Tribunal the parties asked for more time to explore prospects for settlement to which the Tribunal agreed and encouraged them to do.

When the matter was again called on 19th June 2008 the Tribunal was advised that an agreement has been reached in principle and that they would need two weeks to finalise the details.

At the Tribunal proceeding on 6th July 2008, the parties submitted that the employment dispute has been settled along the following lines –

INTRODUCTION

1. The Union is the collective bargaining agent for its members employed in the banking and finance sector in Fiji.
   
2. ANZ carries out the activities of a bank in Fiji.
   

100. ANZ previously employed Siteri Mataitini ("the Worker"), as a housemaid for one of its managers at 27 Kavika Place, Suva.
     

4. On 14 May 2008, ANZ terminated the Worker's employment for redundancy reasons ("the Termination").
   
5. On 16 October 2008, the Union reported the existence of an Employment Dispute with ANZ over the termination and the alleged short-payment of redundancy entitlements to the Permanent Secretary for Labour & Industrial Relations ("the Permanent Secretary") under the Employment Relations Promulgation 2007 ("the ERP").
   
6. The Permanent Secretary accepted the Union's report, and referred the Dispute ("ERD No. 57/2008") to the Employment Relations Tribunal ("ERT") for adjudication.
   
7. The parties hereto have now agreed, without any admission of liability by ANZ, to settle ERD No. 57/2008.
   

THESE TERMS OF SETTLEMENT RECORD THE FOLLOWING AGREEMENT REACHED BY THE PARTIES

1. The Union acknowledges that ANZ does not admit any liability whatsoever to the Union or the Worker.
   
2. ANZ will pay the Worker F$2,000.00 inclusive of costs and interest on an ex-gratia basis ("the payment"), in full and final settlement of the Dispute.
   
3. The Worker will be responsible for any tax liabilities on the Payment.
   
4. The Union and the Worker hereby release and forever discharge ANZ from all claims and liabilities in relation to the Dispute.
   
5. ANZ will, within 7 days of receipt of a copy of these Terms of Settlement signed by the Union, make the Payment to the Worker.
   
6. Nothing in these Terms of Settlement is to be treated as a precedent in any other case.
   

The settlement was dated 1st July 2009 and signed by Mr. Pramod Rae for the Union and a representative of Munro Leys for the ANZ and the settlement is endorsed by the Tribunal as a binding decision.

A full copy of the Terms of Settlement is appended as part of the decision.

DATED at Suva this 29th day of July 2009

Sainivalati Kuruduadua
CHIEF TRIBUNAL