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Rarawa v Northern Projects Fiji Ltd [2009] FJET 25; Dispute ERT Grievance 05.2007 (4 May 2009)

IN THE EMPLOYMENT RELATIONS TRIBUNAL
AT SUVA

Dispute ERT Grievance No. 5/2007

BETWEEN:

WAISEA RARAWA

AND:

NORTHERN PROJECTS FIJI LTD

For Waisea Rarawa : Mr. Senitiki Lesi
For Northern Projects Fiji Ltd : Mr. Carl Ngamoki-Cameron

CONSENT DECISION

This employment grievance was taken in person to mediation by Mr. Waisea Rarawa against Northern Projects Fiji Ltd over a claim of unfair dismissal.

No resolution was effected in mediation and the claim was brought to the Employment Relations Tribunal.

At the Tribunal the parties sought more time to effect further dialogue and that was allowed.

When the matter was called for mention on 27th February 2009, the Tribunal was advised that a settlement has been reached and signed by the two parties duly witnessed by the Manager Compliance of the Ministry of Labour.

In the meanwhile, Mr. Waisea Rarawa changed his position and stated that he was coerced by the employer's counsel into signing the agreement to settle.

The Tribunal on 28th April 2009 put the allegation to both the employer's counsel and Mr. Rarawa's representative who both advised the Tribunal that there was no coercion of any type and that he signed the agreement with full knowledge of the contents and the consequences.

After listening to the two counsels, the Tribunal endorsed the following agreement as a binding decision –

1. The Employee hereby agrees to waive and release the Employer from any and all liability arising out of his employment with the Employer generally under the common law or legislation or an employment contract dated 31 July, 2008 ("Release").
   
2. In consideration of the Employee agreeing to Release the Employer, the Employer has agreed to pay a gratuity to the Employee in full and final settlement of his Grievance, the fixed capital sum of $668.80 without deduction, which sum the Employee hereby acknowledge receipt of ("Gratuity").
   
3. The Employee agrees to keep this agreement and its terms strictly confidential, and acknowledges that he is liable in damages for breach of this agreement equivalent to his Gratuity payment.
   
4. The Employee warrants and agrees not to bring or cause to bring any other employment grievance or employment dispute against the Employer in relation to his Grievance and employment with the Employer.
   
5. The Employee agrees to indemnify the Employer from any costs or expenses associated with enforcing this agreement and or defending a further employment grievance or employment dispute arising out of the same Grievance and or associated circumstances.
   
6. The Employee's representative from the Labour Department, Senitiki Lesi, acknowledges that he has consulted his client on the terms of this settlement and his client accepted its terms and conditions unequivocally.
   

The agreement was dated 6th February 2009.

A full copy of the Settlement Agreement referred to above is appended as part of this decision.

DATED at Suva this 4th day of May 2009

Sainivalati Kuruduadua
LEGAL MEMBER