Bronx Transport Ltd v Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 01 January 1977
• Docket Number: No. 1 of 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 01 January 1977

Industrial Disputes Tribunal

Martin, C.

No. 1 of 1977

Bronx Transport Ltd.

and

Bustamante Industrial Trade Union

Labour law - Termination of employment — Dismissal.

Reference:

1 The Honourable Minister of Labour and Employment, by letter dated 10 ^th January 1977 in accordance with Section 9 of the Labour Relations and Industrial Disputes Act, 1975 referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the EMPLOYER and the TRADE UNION.

2 The Terms of Reference to the Tribunal are as follows:

“To determine and settle the dispute between Bronx Transport Limited on the one hand, and the Bustamante. Industrial Trade Union representing certain of the workers employed by the Company on the other hand, over the dismissal of Messrs. Noel Rowe and Linval George — Bus Drivers, formerly employed by the Company.”

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

Dr. John Martin	—	Chairman
Mr. J. Murray Harris	—	Employers' Representative
Mr. Headley Allman	—	Workers' Representative

4 The Employer was represented by–

Mr. Michael Ziadie (legal)

Miss Dorothy Lightbourne (legal)

Mr. Robert Samuels

5 The Trade Union was represented by–

Mr. Errol Anderson

Mr. H. Grant

Several Worker/Delegates

Submissions and Sittings

6 Written briefs were submitted by both parties to the dispute, Witnesses heard and oral submissions made at nine sittings of the Tribunal held on 29th March, 12th April, 25th April, 4th May, 11th May, 24th May, 25th May, 7th July and 11th July 1977.

Background to the Dispute: -

Concerning Mr. Noel Rowe

7 Mr. Rowe was employed to the Company as a driver from 1st March 1973.

8 On the 23rd of November 1976, he was dismissed by the Managing Director of the Company. This was done orally. There was nothing put in writing.

Concerning Mr. Linval Georges

9 Mr. Georges also was a driver employed to the Company as from 3 ^rd September 1976. He was dismissed summarily by the Managing Director, Mr. Samuels on the 24th November 1976. Again, this was done orally and there was nothing put in writing.

10 In both the above cases, the Union submitted that these men had been active at the time in organising the workers of the Company for representation by the Bustamante Industrial Trade Union, that this was the real reason for their dismissal and that in neither case was dismissal justified. The...