Bank of Jamaica v Bustamante Industrial Trade Union

 
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Industrial Disputes Tribunal

Lynch, C.; plant, R.; Dixon, R.

IDT 60 of 1976

Bank of Jamaica
and
Bustamante Industrial Trade Union

Labour Law - Industrial Disputes — Transfer of Employee

REFERENCE:
1

The Honourable Minister of Labour and employment, by letter dated 3 rd September, 1976, in accordance with section 9(6) of the Labour Relations and industrial Disputes Act, 1975, referred to the Tribunal for settlement an industrial dispute between the EMPLOYER and the TRADE UNION.

2

The terms of Reference to the Tribunal were as follows:–

“To determine and settle the dispute between the Bank of Jamaica on the one hand and certain categories of workers employed by the Bank and represented by the Bustamante Industrial Trade Union on the other hand, which resulted in industrial action commencing on the 3 rd September, 1976.”

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. Edward Dixon

Workers' Representative

4

The Employer was represented by –

Mr. Emil George (Legal)

Mr. Esmond Kentish

Mr. Frank Martin

Mr. Oswald Tie

Mrs. Faith Haughton

5

The Trade Union was represented by –

The Rt. Honourable Hugh Shearer

Mr. Lascelles Beckford

Mr. G.L. Freeman

Mr. D. Nelson

Mr. E. Williams

6

A number of Worker/Delegates were in attendance.

SUBMISSIONS AND SITTINGS
7

Oral submissions were made by the parties at the three (3) sittings held on the 6th and 22 nd September, 1976 and on the 6 th October, 1976. In addition, a number of exhibits were tendered in evidence.

INDUSTRIAL ACTION
8

At the commencement of the proceedings on the 6 th September, 1976, the tribunal was assured that no industrial action was in progress.

DISPUTE
9

The dispute arose with the transfer of Mr. Arthur Lake from the Bank's Research Department to its Students Loan Bureau. The transfer should have taken effect on the 4 th August, 1976, but Mr. Lake refused to accept it.

10

Section 2 of the Labour Relations and Industrial Disputes Act, 1975, defines “Industrial dispute” inter alia as follows:

“Industrial dispute” means a dispute between one or more employers or organizations representing employers and one or more workers or organisations representing workers, where such dispute relates wholly or partly to –

  • (d) any matter affecting the privileges, rights and duties of any employer or organization representing employers or of any worker or organization representing workers;

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