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Bose v Ba Provincial Holdings Co. Ltd [2009] FJET 19; Misc05.2008 (16 January 2009)

IN THE EMPLOYMENT TRIBUNAL
AT SUVA

Misc No 5 of 2008

BETWEEN:

ISIMELI BOSE

AND:

BA PROVINCIAL HOLDING CO. LTD.

Worker: In person
Employer: Mr L Ratuvuki

DECISION

This is a miscellaneous application by Isimeli Bose (the worker) seeking an extension of the period for submitting his grievance to the Ba Provincial Holding Co. Ltd (the Employer) pursuant to section 111 (3) of the Employment Relations Promulgation 2007 (the Promulgation).

The application was listed for mention on 5 January 2009 and on that day the parties appeared before the Tribunal.

It would appear that the worker's grievance first arose in either late 2006 or early 2007. It was subsequently reported to the Permanent Secretary as a trade dispute.

The report was rejected on account of the definition of trade dispute in the Trade Disputes Act Cap 97 (now repealed).

The worker now seeks an order from the Tribunal to allow him to submit his grievance to his employer outside of the six month limitation prescribed by section 111 (2) of the Promulgation.

The Promulgation came into effect on 2 April 2008. It does not have retrospective operation. As a result it cannot be of any assistance to the worker in respect of matters that occurred prior to 2 April 2008.

Furthermore, as the matter was not accepted by the Permanent Secretary as a trade dispute prior to 2 April 2008, it is not covered by the transitional arrangements that are contained in Regulation 58 of the Employment Relations (Administration) Regulations 2008.

The application is therefore dismissed.

DATED at Suva this 16th day of January 2009.

EMPLOYMENT TRIBUNAL