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Fiji Public Service Association v Daily Post [2008] FJAT 22; Award 23 of 2008 (23 April 2008)

THE REPUBLIC OF THE FIJI ISLANDS

NO 23 OF 2008

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

DAILY POST

FPSA: Mr N Tofinga
Daily Post: Mr R k Naidu with Mr M Koroi

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and Daily Post (the Employer) concerning the redundancy of Ricardo Morris (the Grievor).

A trade dispute was reported by the Union on 28 August 2006.

The report was accepted on 12 September 2006 by the Chief Executive Officer (as he was then known) who referred the Dispute to a Disputes Committee.

Subsequently the Minister authorized the Permanent Secretary to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 1 August 2007 with the following terms of reference:

"- - - over the wrongful and arbitrary redundancy of Ricardo Morris from the Daily Post effective from 2 June 2006.

1) The Association contends that the Daily Post breached section 3.2 of the MOA of 17 February 2003; and that:

2) The Daily Post action is inconsistent with the principles of fair labour practices Section 33 (3) of the Constitution and that:

3) The member should be re-instated immediately without loss of pay and/or benefit."

The Dispute was listed for a preliminary hearing on 6 August 2007. On that day the parties were directed to file preliminary submissions by 15 August 2007 and the Dispute was listed for mention on 17 August 2007.

The Employer filed its preliminary submissions on 15 August and the Association did so on 23 August 2007. The Dispute was subsequently relisted for mention on 21 September 2007 and then fixed for hearing on 15 November 2007.

However it subsequently became necessary for the Tribunal to vacate the allocated hearing date due to a previously listed part heard dispute.

The Dispute was listed for mention on 30 November 2007, 30 January, 29 February and 28 March 2008. The Dispute was then listed for hearing on 10 April 2008.

When the Dispute was called on for hearing the parties informed the Tribunal that the Dispute had been settled. The parties were directed to file a signed memorandum of agreement within seven days.

A signed Terms of Settlement dated 16 April 2008 was filed on 16 April 2008.

CONSENT AWARD

The Award of the Tribunal is in terms of a signed Terms of Settlement dated 16 April 2008 and filed herein, a copy of which is Attachment 1 to this Award.

DATED at Suva this 23 day of April 2008.

Mr. W. D. Calanchini
ARBITRATION TRIBUNAL