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St John Association v Fiji Public Service Association [2009] FJET 23; Dispute 49.2008 (2 January 2009)

IN THE EMPLOYMENT RELATIONS TRIBUNAL
AT SUVA
Dispute No. 49 of 2008

BETWEEN:

THE ST JOHN ASSOCIATION – FIJI

AND:

FIJI PUBLIC SERVICE ASSOCIATION

Fiji Public Service Association: Mr. Inia Tarai
The St John Association Fiji: Mr. Taniela Colamoto

CONSENT DECISION

This employment dispute concerns the dismissal of Mr. Sunil Singh with effect from 25th October 2006. The dispute was the subject of mediation proceedings on 8th October 2008 before the matter was referred to the Employment Relations Tribunal on 20th October 2008 for adjudication.

When the parties appeared before the Tribunal on 26th November 2008 they asked for time to make simultaneous submissions and again on 23rd January they asked and were allowed a further 7 days to finalize their positions.

At their appearance on 30th January 2009 the parties advised the Tribunal that they have reached an agreement.

The terms of agreement are as follows:

(1) That Mr. Sunil Singh's employment contract of service shall deem to have concluded with effect 25th October 2006 and that he will not be reinstated.

(2) That the Employer shall compensate and pay Mr. Sunil a sum equivalent to six (6) months gross wages amounting to three thousand six hundred and seventy two dollars ($3,672) only in full settlement of this dispute.

(3) That the compensation shall be paid in two (2) equal installments of which the first payment of one thousand eight hundred and thirty six dollars ($1,836) shall be paid to the Griever upon formalization of this agreement. The balance of $1,836 as second payment shall be made on or before 23 February 2009.

(4) That the Employer shall rescind their earlier decision to terminate Mr. Singh and shall provide a written reference attesting to Mr. Sunil Singh's good character on or before the formalization of this agreement.

The agreement is endorsed by the Employment Relations Tribunal as a binding decision and therefore constitutes an award.

A full copy of the Memorandum of Agreement entered on 30th January 2009 is appended as part of this award.

DATED at Suva this 2nd January 2009

Sainivalati Kuruduadua

LEGAL MEMBER