Air Jamaica (1968) Ltd v Dood

• Jurisdiction: Jamaica
• Judge: Lynch, C.
• Judgment Date: 18 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 8 of 1977
• Date: 18 January 1978

Industrial Disputes Tribunal

Lynch, C.

No. 8 of 1977

Air Jamaica (1968) Ltd.

and

Dood

Labour law - Termination of employment — Dismissal.

JUDGMENT:

1 The Honourable Minister of Labour by letter dated May 27, 1977, and in accordance with section 9 of the Labour Relations Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement an industrial dispute between the company and the dismissed worker.

2 The terms of reference were as follows:

“To determine and settle the dispute between Mr. Peter Dodd on the one hand, and Air Jamaica

(1968) Limited on the other hand, over the dismissal of the said Peter Dodd.”

3 The division of the Tribunal selected in accordance with section 8(2) of the Act was:

Mr. Basil Lynch — Chairman

Mr. Edward Dixon — Workers' Representative

Mr. Owen Plant — Employers' Representative

4 The Company was represented by:

Mr. Robert Baugh (legal)

Mr. S.G. Kirkaldy

Mr. Arthur Laing

Mr. Chris Bramwell

5 The Dismissed worker was represented by:

Mr. Milton Scott (with the permission of the Tribunal)

6 Submissions and Sittings

7 Written briefs were submitted and oral submissions made by the parties at twelve (12) sittings held between 3rd August and 29th November, 1977. A total of twenty-nine (29) exhibits were tendered into evidence and a number. of persons appeared as witnesses for both the Company and Mr. Dodd.

8 The Company is managed by a board of directors supported by a president and managing director, Mr. Machado, who in turn presides nine vice presidents for the departments of marketing, customs service, finance, maintenance, personnel and administration, public relations, contracts and technical services, flight operations and corporate planning — there is also a company secretary. The dispute had its origin in the maintenance department which is administered by president Laing, general manager Wooding, and four (4.) sectional heads for;

Base maintenance

9 Maintenance services co-ordination

10 Ground equipment maintenance and

11 Facilities maintenance

12 Mr. Dodd was head of the maintenance services co-ordination section and his principal responsibilities were:

• (a) To assure that all technical and administrative data, instructions and information are properly processed and documented and that manuals and other publications are current at all times.

• (b) To monitor spares and materials requirements and availability. To make recommendations and implement systems of control.

• (c) To establish and maintain technical library at Norman Manley Airport.

• (d) To develop, conduct and monitor technical training. To maintain record of training accomplished.

• (e) To establish a planning programme and implement it.

• (f) To develop a manual covering safety and fire preventation procedures and to arrange practical demonstrations and training.

• (g) To perform other duties as assigned.

13 Particulars of Mr. Dodd's employment to the Company are as follows:

26/4/72 — 6/12/72

Aircraft mechanic, Montego Bay

Emoluments between $305 to $329 per month,

7/12/72 — 31/1/75

Technical assistant, Norman Manley Airport -

Emoluments: Group 1 effective 7/12/72, salary at $261 per month plus rental and entertainment...