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Union Electrique Du Vanuatu Ltd v Ludvaune [2009] VUSC 37; Civil Case 46 of 2009 (20 May 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 46 of 2009

BETWEEN:

UNION ELECTRIQUE DU VANUATU LIMITED
Claimant

AND:

TAISINE LUDVAUNE AND HIS CAPACITY AS ACTING PRESIDENT OF THE TRADE UNION OF EMPLOYEES
Defendants

Coram: Justice N. R. DAWSON

Date of Hearing: 20th May, 2009

Date of Decision: 20th May, 2009

Counsel: Claimant: Mr. M. Hurley for Claimant
Defendant: Mr. C. Leo for Defendants

ORAL RULING

1. An Urgent Ex-parte Application (2) has been filed by the Claimants to prevent the Defendant, Union from going on strike from this Friday 22nd May, 2009. The short history of this matter is that a Supreme Court Claim was filed with the Court on 20th April, 2009 by the Claimants, Unelco. The Defendants issued a Notice of Industrial Action on 22nd April 2009 giving notice of their intention to strike from 22nd May 2009 if they then chose to do so. The Court has set this matter down for a first conference at 8:30 am on 29th June 2009 and a Minute issued from the Court on 12th May 2009 to that effect. To some extent the way matters have happened have resulted in an overlap and it is quite possible that the Union had not received service of the Supreme Court Claim prior to their having issued their Notice of Industrial Action. Since then the Court has set this matter down for a first hearing.
   
2. The Court has today made it quite clear to both parties that this matter is on track in the Court and both parties are to some extent restricted in what they can do until the matter has been heard. The Claimants and the Defendants are now before the Court with respect to the issues raised in the Statement of Claim and the Court will be proceeding with the matter and both parties will be given full opportunity to have their side of the case put to the Court. The Court will issue a decision having heard both parties and taken the appropriate law into account. On that basis it is not appropriate for either a party to take action against the other party that it puts that process at risk.
   
3. During the course of today’s hearing, the Defendant Union through their counsel have advised the Court of their intention to withdraw the Notice of Industrial Action and that Notice of Industrial Action is effectively now withdrawn from 5:19 pm today 20th May, 2009.
   
4. In the view of this Court the Union have adopted a responsible attitude, they issued a Notice of Industrial Action as they were entitled to but now the matter is before the Court, they have responsibly withdrawn that Notice to enable the legal process to take place. The Urgent Ex-parte Application (2) filed by the Claimant will therefore not be dealt with as it is unnecessary for the Court to deal with that application.
   
5. With respect to costs that matter will not be dealt with today as costs are a matter for the Court will deal with once this Claim has been finalized.
   

Dated at Port Vila, this 20th day of May, 2009

BY THE COURT

N. R. DAWSON
Judge