Taega v Blossom (SI) Co Ltd [2023] SBTDP 5; UDF 72 of 2022 (24 July 2023)

IN THE TRADE DISPUTES PANEL
SOLOMON ISLANDS

CASE NO. UDF 72, 73, 74 & 75/2022

BETWEEN:

Thaddeus Taega & Others
(COMPLAINANT)

AND:

Blossom (SI) Company Ltd
(RESPONDENT)

Panel:	1. Willy Vaiyu (Deputy Chairman)
	2. Ian Rakafia (Employer representative)
	3. Mike Puhara (Employee representative)
Appearance:	4. Lolitha Tabepepeti for the Complainants 5. Respondent Barred

Date of hearing: 27/06/2023

Date of Ruling: 24/07/2023

FINDING

1. There are four complainants in this case, they are Mr. Thaddeus TAEGA, Mr. Cradock JOHN, Mr. Mark LABELA and Mr. Tony PIRINGI, herein referred to as the Complainants, and they lodged with the Panel (TDP Form 1) on 17/11/2022, claiming they were dismissed by Blossom Company Ltd, herein referred to as the Respondent, on 06/10/2022. The grounds for his complaint was stated as follows:
   
   1. Non-payment of redundancy to be determine by the Trade Disputes Panel.
      

Relevant Facts

2. The Complainants were employed by the Respondent on the Respondents Tag Boat MT. Mikomilo doing different jobs. Their employments began on different times and were as follows;
   
   1. Thaddeus Taega – Engineer - 10/08/2012 - 06/10/2023 (11 years),
   2. Cradock John – Deck Hand – 13/09/2017 – 06/10/2023 (6 years),
   3. Mark Labela – Assistant Engineer – 01/12/2013 – 06/10/2023 (9 years + 10 months,
   4. Tony Piringi – Chief Officer – 31/12/2012 – 06/10/2023 (10 years + months 10 months).
      
3. The Respondent was barred pursuant to TDP Unfair Dismissal & Redundancy Procedure Rules Section 3 (3) Rule 7(2) which states,

“(2) A respondent who has not entered an appearance shall not be entitled to take any part in the proceedings.”

The Panel Ordered Bar on the Respondent not to further take part in the proceedings on the 26/04/2023 and full hearing on the 27/06/2023.

4. The Panel was informed the Complainants were terminated because the tag boat they were working on has been taken over by another company and that their service were no longer required.
   
5. Employment Act Cap 72 (1982) Section 2 states,
   

“Right to redundancy payment

2.-(1) Where-

(a) an employee is dismissed by his employer, and
(b) the dismissal is because of redundancy, and

(c) the employee has been continuously employed for a period of twenty-six weeks or more ending with the date of his dismissal, then, subject to the following provisions, the employer shall be liable to pay him a sum calculated in accordance with section 7 (in this Part referred to as a "redundancy payment").

6. Section 7 states,
   

“Amount of redundancy payment

7.-(1) Subject to subsections (2) and (3), the amount of a redundancy payment to which an employee is entitled in any case is-

PE x 1/26 x BW
Where- "PE" is the number of weeks for in the period of employment; and

"BW" is the basic weekly wage for the employment on the date of the dismissal to which the redundancy payment relates.”

7. The Panel rules that the Complainants dismissals were in fact a redundancy and therefore are entitled for redundancy pay by virtue of the Employment Act Cap 72 (1982) Section 2.
   

Award

8. In awarding the payment for the Complainants redundancy payments the composition of the awards are as follows;
   

PE x 1/26 x BW

1. Thaddeus Taega – Engineer - 10/08/2012 - 06/10/2023 (11 years),
   

52 weeks x 11 years = 572 weeks

$3,100.00/monthly pay

$775.00 basic weekly wages

PE 572 weeks x 1/26 x $775 BW = $17,050.00

2. Cradock John – Deck Hand 13/09/2017 – 06/10/2023 (6 years),

52 weeks x 6 years = 312 weeks

$950.00/monthly pay

$237.50 basic weekly wages

PE 312 weeks x1/26 x $237.50 BW = $2,850.00

3. Mark Labela – Assistant Engineer – 01/12/2013 – 06/10/2023 (9 years + 10 months,

52 weeks x 9 years = 465 weeks +

10 months = 40 weeks + 465 weeks = 505 weeks

$1,800.00/monthly pay

$450.00 basic weekly wages

PE 505 weeks x 1/26 x $450.00 BW = $8,740.38

4. Tony Piringi – Chief Officer – 31/12/2012 – 06/10/2023 (10 years + months 10 months).

52 weeks x 10 years = 520 weeks +

10 months = 40 weeks + 520 weeks = 560 weeks

$1,700.00/monthly pay

$425.00 basic weekly wages

PE 560 weeks x 1/26 x $425.00 BW = $9,153.84

Orders

9. The Panel makes the following Orders;
   
   1. That the Complainant were redundant pursuant to Employment Act Cap 72 (1982) Section 2
      
   2. The Respondent is to pay the redundancy payments to each of the Complainant as follows;
      • ✓ Thaddeus Taega – Engineer: $17,050.00
      • ✓ Cradock John – Deck Hand: $2,850.00
      • ✓ Mark Labela – Assistant Engineer: $8,740.38
      • ✓ Tony Piringi – Chief Officer: $9,153.84

Total: $37,794.22

To be paid within 14 days of this Order.

3. No Panel fees Ordered.
   

APPEAL

10. There is a right of appeal within 30 days from the publication of this ruling by any aggrieved party to the High Court on question of law only, pursuant to Section 13 of the Trade Disputes Act [Cap 75] 1981as read with Section 11(1) of the Unfair Dismissal Act [Cap 77]1983.
    

On behalf of the Panel,

Willy Vaiyu.
Deputy Chairman
Trade Dispute Panel