Fiji Bank and Finance Sector Employees Union v Fiji National Provident Fund [2009] FJET 33; ERT Dispute 59.2008 (16 November 2009)

IN THE EMPLOYMENT TRIBUNAL
AT SUVA

ERT Dispute 59/2008

BETWEEN:

FIJI BANK AND FINANCE SECTOR EMPLOYEES UNION
APPLICANT

AND:

FIJI NATIONAL PROVIDENT FUND
RESPONDENT

RULING ON PRELIMINARY ISSUE

The Permanent Secretary for Labour, Industrial Relations and Employment had accepted a report of employment dispute dated 7th November 2008 made by the Fiji Bank and Finance Sector Employees Union ("the union") against the Fiji National Provident Fund ("the employer") on an alleged breach of Collective Agreement and had referred it to the Tribunal for adjudication on 24th November 2008.

The matter was called on 3rd December 2008 and the parties were asked to make preliminary submissions.

The union submitted that the employment dispute is over the employer's refusal to grant cost of living adjustments (COLA) effective from 1st July 2007 and by doing so had breached Clause 6(a) (ii) of the Collective Agreement dated 13th February 2001.

The employer submitted that the hearing of the matter cannot proceed in the Tribunal as it has to await the outcome of a pending Judicial Review challenging the Permanent Secretary's and the Disputes' Committee's decisions on another dispute that is related to the one at hand in that it deals with remuneration.

The Tribunal studied the submissions of both sides and makes the following ruling:

(i) The dispute regarding the 7.5% COLA claim for 2007 will proceed as the increases offered and agreed to for 2005 and 2006 have been paid to the majority of the employees at the Fiji National Provident Fund; and

(ii) The matter for Judicial Review is in regards to the actions of the Permanent Secretary for Labour and the decision of a Disputes Committee and is not related to the current dispute which is properly before the Tribunal.

DATED at Suva this 16th day of November 2009.

Sainivalati Kuruduadua
Chief Tribunal