Dunrobin Primary School v Watson et Al

• Jurisdiction: Jamaica
• Judge: Jones, CD, JP, C.
• Judgment Date: 16 April 2015
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 28/2014
• Date: 16 April 2015

Industrial Disputes Tribunal

Jones, C.; Hall, M.; Lewis, M.

IDT 28/2014

Dunrobin Primary School

and

Watson et al

Employment Law - Industrial dispute — Termination of employment — Summary dismissal — No accusation or disciplinary charges arising out of any breach of conduct by workers — Failure to provide notice of dismissal or pay in lieu of notice — Whether dismissals in breach of Labour Relations Code — Dismissals found to be unjustifiable — Compensation awarded.

Jones, CD, JP, C.

REFERENCE:

1 By letter dated July 1, 2014 the Honourable Minister of Labour and Social Security pursuant to Section 11A(1)(a)(i) of the Labour Relations and Industrial Disputes Act (hereinafter called “the Act”), referred to the Industrial Disputes Tribunal for settlement in accordance with the following Terms of Reference, the industrial dispute described therein:–

2 The Terms of Reference were as follows:

“To determine and settle the dispute between Dunrobin Primary School on the one hand, and Mr. Cornelius Watson and Mrs. Yvonne Watson on the other hand over the termination of their employment.”

DIVISION:

3 The division of the Tribunal which was selected in accordance with Section 8(2)(c) of the Act and which dealt with the matter comprised:

Mr. Charles Jones, CD JP — Chairman

Mr. Leslie Hall — Member, Section 8(2)(c)(ii)

Mr. Clinton Lewis — Member, Section 8(2)(c)(iii)

REPRESENTATIVES OF PARTIES

4 The School was not represented.

5 The Aggrieved Workers were represented by:

Mrs. Frances Jeanne Barnes — Attorney-at-Law

6 In attendance were:

Mr. Cornelius Watson — Aggrieved Worker

Mrs. Yvonne Watson — Aggrieved Worker

SUBMISSIONS AND SITTINGS:

7 Briefs were submitted by the aggrieved parties only. Three sittings were called to order. The first two held on October 15, 2014 and March 12, 2015, could not proceed as there was no representative from the Dunrobin Primary School in attendance.

8 At the Second Sitting on March 12, 2015, the Tribunal decided and instructed the Secretary of the Division of the Tribunal, to inform the Principal of the Dunrobin Primary School that the Tribunal would commence hearing this matter on March 27, 2015 and advise him that he or another representative from the School should be in attendance, failing which the Tribunal would proceed to hear the matter ex parte. This is in accordance with the provisions of Section 16A of the Labour Relations and Industrial Disputes Act.

9 The Tribunal met on March 27, 2015 and again there was no representative from the Dunrobin Primary School. After ascertaining from the Secretary of the Division of the Tribunal that letters with the Tribunal's decision had been sent to the Principal and the Chairman of the School Board, and that contact was also made with the Principal's Secretary, the Tribunal proceeded to hear the matter ex parte.

BACKGROUND TO THE DISPUTE:

10 Mr. Cornelius Watson was employed to the Dunrobin Primary School to perform the duties of Grounds-man, and his wife, Mrs. Yvonne Watson, was employed to perform the duties of Janitor. On Friday, September 6, 2013 they each received letters dated September 5, signed by Mr. Noel Watt, Principal, advising them that their services would no longer be required as of Monday, September 9, 2013.

11 The...