Appleton Estate Ltd v Bustamante Industrial Trade Union

JurisdictionJamaica
JudgeLynch, C.
Judgment Date22 February 1978
CourtIndustrial Dispute Tribunal (Jamaica)
Docket Number42 of 1977
Date22 February 1978

Industrial Disputes Tribunal

Lynch, C.

42 of 1977

Appleton Estate Ltd.
and
Bustamante Industrial Trade Union

Labour law - Industrial disputes — Wage increases.

JUDGMENT:
1

By letter dated 12th October, 1977, the honourable Minister of Labour, in accordance with section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement a dispute between the company and the union.

2

The terms of reference are as follows:

“To determine and settle the dispute between Appleton Estate Limited on the one hand, and certain supervisory, clerical, technical and administrative staff employed by the company and represented by the Bustamante Industrial Trade Union on the other hand, over a claim served on the company by the union for wage increases and the duration of such increases having regard to the union's revised proposal and the company's offer.”

3

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

Mr. Basil Lynch -Chairman

Mr. Owen Plant — Employers' Representative

Mr. Dorrel White -Workers' Representative

4

The company was represented by–

Mr. Emil George, Q.C.

5

The union was represented by

Rt. Hon. Hugh Shearer

6

Submissions and Sittings

7

Written briefs were submitted by the parties and submissions made on the 2nd and 15th February 1978.

8

The dispute is in connection with a claim submitted to the company by the union, by letter dated 12th January 1976, for wage increases and the duration of such increases.

9

The existing weekly wage rates are set out below:–

Categories

Maximum

Minimum

Supervisors Grade 1

131

84

“Grade 11

108

96

Clerical Grade 1

108

96

Clerical Grade 11

92

35

Bench Chemists

72

46

Asst. Bench Chemists

45

38

Time Keepers

96

42

10

The union' s original claim was for an across-the-board increase of $40 per week and the establishment of an $80 per week minimum. This was revised at a later date to a 30% increase on existing rates or $20 per week, whichever is the higher with minimum weekly rates of:

  • (a) Supervisory $115

  • (b) Technical 95

  • (c) Time Keepers 90

  • (d) Clerical Grade 1 135

  • (e) Grade 11 70

11

However, at the meeting on 15th February 1978, the company reported to the tribunal that agreement had been reached for an across-the-board increase of $15.00 per week from 1st April 1976 to 30th June 1977 and a...

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