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Fiji Public Service Association v Fiji Islands Revenue and Customs Authority [2007] FJAT 15; Award 16 of 2007 (22 February 2007)

THE REPUBLIC OF THE FIJI ISLANDS

NO 16 OF 2007

AWARD OF
THE ARBITRATION TRIBUNAL

IN THE DISPUTE BETWEEN

FIJI PUBLIC SERVICE ASSOCIATION

AND

FIJI ISLANDS REVENUE & CUSTOMS AUTHORITY

FPSA: Mr N Tofinga
FIRCA: Mr S Sharma

DECISION

This is a dispute between the Fiji Public Service Association (the Association) and the Fiji Islands Revenue and Customs Authority (the Employer) concerning the appointment of an acting Director-General of Inland Revenue Services.

A trade dispute was reported on 20 September 2004 by the Association. The report was accepted on 30 September 2004 by the Chief Executive Officer who referred the Dispute to a Disputes Committee. As a consensus decision was not reached the Minister authorized the Chief Executive Officer to refer the Dispute to an Arbitration Tribunal for settlement pursuant to section 5 A (5) (a) of the Trade Disputes Act Cap 97.

The Dispute was referred to the Permanent Arbitrator on 17 December 2004 with the following terms of reference :

" - - - for settlement over the decision of the Chief Executive Officer for the Fiji Islands Revenue and Customs Authority to appoint Mr Joseva Namisi Leano to act as Director-General if Inland Revenue service while an officer senior to him is available for appointment."

The Dispute was listed for a preliminary hearing on 26 January 2005. The history of the proceedings in this Dispute before the Tribunal from 26 January 2005 to 3 August 2006 is set out in some detail in Interim Award No 44 of 2006 dated 3 August 2006.

On 3 August 2006 the Union was directed to file and serve an affidavit in response to the affidavit sworn by Madhu Sudhan on 27 October 2004 within 14 days. The Dispute was listed for special mention on 18 August 2006.

An affidavit by Rajeshwar Singh sworn on 17 August 2006 was filed in the Tribunal on the same day.

On 18 August the Dispute was listed for a two day hearing on 5-6 December 2006. Due to unforeseen circumstances, it was necessary for the Tribunal to vacate the hearing dates and the Dispute was listed for mention on 24 November 2006.

On that day the Dispute was again listed for a two day hearing on 6 and 7 February 2007.

The Dispute was called on for hearing on 6 February 2007. The Tribunal raised two preliminary issues with the parties. First, there was the issue of whether the Dispute was concerned with promotion to and/or from positions which were exempted from the application of the Collective Agreement. Secondly, there was an issue concerning the alleged aggrieved worker’s willing participation in the proceedings.

The parties requested that the hearing be stood down to enable further instructions to be obtained and for further discussions.

When the hearing resumed, the parties indicated that the only award sought from the Tribunal was by consent that the Dispute be withdrawn and the proceedings discontinued.

CONSENT AWARD

.
The Dispute is withdrawn and the proceedings are discontinued.

DATED at Suva this 22 day of February 2007

Mr. W.D. Calanchini
ARBITRATION TRIBUNAL