Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2009] FJET 8; Dispute85.2008 (5 February 2009)

IN THE EMPLOYMENT TRIBUNAL
AT SUVA

Dispute No 85 of 2008

BETWEEN:

FIJI PUBLIC SERVICE ASSOCIATION
Union

AND:

FIJI ISLANDS REVENUE AND CUSTOMS AUTHORITY
Employer

FPSA: Mr D Nair
FIRCA: Ms T Rayawa

DECISION

This is a dispute between Fiji Public Service Association (the Union) and Fiji Islands Revenue and Customs Authority (the Employer) concerning the dismissal of Sereana Rakula (the worker).

The Dispute was referred to the Tribunal on 23 December 2008 with the following reference :

"The dispute is over the dismissal of Ms Sereana Rakula with effect from 12 November 2008. The union contends that the dismissal was procedurally wrong, unfair, unreasonable, made in bad faith and in breach of Reg 20 (3) (b) (iii), Reg 20 (c) and Reg 20 (4) of the FIRCA (Code and Discipline) Regulations. The union therefore seeks the re-instatement of Ms Rakula without any loss of pay and/or benefits.

The union also seeks (a) an injunction from the Tribunal to protect the status quo and re-instate pay and housing allowance to the grievor; (b) a declaration from the Tribunal that the dismissal was procedurally wrong, unfair, unreasonable, made in bad faith and in breach of Regulations and (c) an order from the Tribunal to re-instate the grievor without any loss of pay and/or benefits. However I wish to re-iterate that I do not have the power under the Employment Relations Promulgation 2007 to grant such a decision, this can only be done through the Employment Relations Tribunal".

The matter was initially listed for mention on 5 January 2009. Following the filing of a Notice of Motion, affidavits and submissions, the Dispute was called on 4 February 2009 with Dispute No 55 of 2008 for the hearing of the respective motions that had been filed in the two Disputes.

The motions sought similar interim relief and the parties in both disputes were the same. The substantive issue related to the dismissal of a worker that had been reported by the Union as a dispute in each case.

The union made an application for the proceedings to be transferred, along with Dispute No 55 of 2008, to the Employment Court for the hearing and determination of the matter.

For the reasons stated in the decision handed down in Dispute No 55 of 2008, the Tribunal grants the application and orders the transfer of these proceedings to the Employment Court for hearing and determination.

DATED at Suva this 5th day of February 2009.

EMPLOYMENT TRIBUNAL