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Kukuti v Earthmovers (Solomons) Ltd [1990] SBTDP 15; UD 86 of 1989 (6 November 1990)

IN THE TRADE DISPUTES PANEL
SOLOMON ISLANDS

Under the Unfair Dismissal Act 1982

UD/86/89

Between:

CORNELIUS KUKUTI
Applicant

And:

EARTHMOVERS (SOLOMONS) LIMITED t/a PACIFIC TIMBERS
Respondent

Hearing at Honiara on 1 November 1990 before:

H Macleman Chairman

F Mahlon Member

H Creighton Member

For the applicant: G Suri, Legal Officer, Solomon Islands National Union of Workers.
For the respondent: J C Corrin, Barrister & Solicitor.

FINDINGS

Pacific Timbers employed Mr Cornelius Kukuti as a foreman carpenter from 12 April to 21 July 1989 at the monthly rate of $320. The company admitted dismissing him and gave the following reason on Form TDP2:-

"A change in the company policy on the maintenance department as the company wish to encourage sub-contract engagement in the operation."

The employer's representative agreed with the Panel that the "reason" suggested redundancy. She pointed to the shortness of the period of employment as showing a "first in first out" system of selection. In the complete absence of evidence, however, we cannot find that the respondent has established any part of the tests imposed by section 4 and 6 of the Act.

We assess fair and reasonable compensation at $320 plus interest to date.

AWARD

The respondent unfairly dismissed the applicant and is to pay him compensation of $320 plus interest at 15% per annum from 21 July 1989 until payment, all payable immediately and recoverable as a debt under s.10 of the Unfair Dismissal Act 1982.

EXPENSES

The Panel fixes a contribution of $200 towards its expenses to be paid by the respondent to the Ministry of Commerce and Primary Industries within 14 days of this date.

APPEAL

(1) There is a right of appeal to the High Court within 14 days on a question of law only: Unfair Dismissal Act 1982, s. 12; Trade Disputes Act 1981, s. 13; Trade Disputes Panel Rules 1981, r. 11; High Court (Civil Procedure) Rules 1964, O. 60 r. 3.

(2) Any party aggrieved by the amount of compensation awarded may within one month of the date of the award appeal to the High Court; Unfair Dismissal Act 1982, s. 7(3).

Issued to parties on 6 November 1990.

On behalf of the Panel.

(Hugh Macleman)
CHAIRMAN/TRADE DISPUTES PANEL