Cadbury Foods Jamaica Ltd v National Workers Union

JurisdictionJamaica
JudgeMartin, C.,Harris, R.,Allman, R.
Judgment Date01 November 1976
Date01 November 1976
CourtIndustrial Dispute Tribunal (Jamaica)
Docket NumberIDT 41 of 1976

Industrial Disputes Tribunal

Martin, C.; Harris, R.; Allman, R.

IDT 41 of 1976

Cadbury Foods Jamaica Limited
and
National Workers Union

Labour Law - Industrial Disputes — Wage Increases

REFERENCE:
1

By letter dated 6 th July, 1976, the Honourable Minister of Labour and Employment, in accordance with section 11, subsection 1 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between Cadbury Foods Jamaica Limited and the National Workers:–

“to determine and settle the dispute between Cadbury Foods Jamaica Limited on the one hand and certain categories of workers employed by the Company and represented by the National Workers Union on the other hand, over the Union's claim for increased wages on behalf of the said workers.”

2

The decision of the Tribunal selected in accordance with section 8(2) to hear the dispute was –

Dr. John Martin

Chairman

Mr. J. Murray Harris

Employers' Representative

Mr. Headley Allman

Workers' Representative

3

The Employer was represented by –

Mr. B.J. Cork

Mr. George Henry

4

The National Workers Union was represented by –

Mr. H.O. Thompson

Mr. W. Shaw

5

There were several Worker/Delegates in attendance.

SUBMISSIONS AND SITTINGS
6

The parties submitted written briefs and oral submissions were made at the two sittings which were held on September 22 nd and 24 th, 1976.

BACKGROUND TO THE DISPUTE
7

An agreement was reached in March, 1975, between the parties on a two year contract to expire on 31 st December, 1976 subject to re-negotiation on wage rates only for the second year of the contract, commencing 1 st January, 1976.

8

The parties met on a number of occasions both at local level and at the Ministry of Labour & Employment, but were unable to agree on the wage rates for period 1 st January, 1976 to 31 st December, 1976.

9

During the negotiations at the Ministry of Labour & Employment, the Union reduced its claim to $16.00 per week across the board. The Company offered $7.50 per week across the board.

10

Various exhibits were tendered in evidence.

11

The Tribunal in making its Award and in particular in determining the new wage rates has given anxious consideration to all the relevant factors including:–

the economic circumstances of the country;

the question of comparability;

ability to pay; and

the fact that Cadbury Foods is an...

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