Air Pacific Ltd, In re [1988] FijiLawRp 16; [1988] 34 FLR 6 (11 November 1988)

[1988] 34 FLR 6

COURT OF APPEAL OF FIJI

RE AIR PACIFIC LIMITED

Tuivaga, P. Tikaram, J.A., Jesuratnam, J.A.

Hearing: 19 September, 1988.
Judgment: 11 November, 1988.

(Industrial Law - dispute between employer and employees association as to dismissal of employee - submitted to Trade Disputes Tribunal - question for it: was employee's dismissal- unfair having regard to the nominated grounds of dismissal observations on role and function of this and domestic tribunals - function of reviewing Judge.)

B.N. Sweetman for the Appellant.
H.M. Patel for the Respondents.

Air Pacific Limited appealed against a decision of Sheehan, J. in the Supreme Court by which an application for judicial review of an award of the Arbitration Tribunal in a dispute between the appellant and Air Pacific Employees Association (the Association) and Veer Satish Singh (Singh) was quashed.

The issue for adjudication was-

"the claim by Air Pacific Employees' Association that the termination of employment of their President, Mr Veer Singh by Air Pacific is unfair and that he should be reinstated."

The Court of Appeal said that issue had been put aside by the Tribunal whereupon the matter was sent back to the Tribunal for rehearing. On 29 October 1985 the Tribunal gave its decision, following the question suggested. It found the dismissal was not unfair.

On 1 July 1987 that award was quashed. The learned trial Judge said:-

"The conclusion of the Tribunal on the criteria that laid down for itself is plainly wrong. I find that the Tribunal asked itself the correct initial questions to assess whether Mr Singh's dismissal was fair or not. In its assessment of the evidence as to the inquiry required by the collective agreement and the demands of natural justice, the Tribunal misdirected itself so as to lead to a wrong conclusion. Therefore the declaration sought that the Tribunal failed to recognise the breach of natural justice ought to be made."