Homeelectrix Ltd (Kelvinator Service Department) v Trade Union Congress of Jamaica
Industrial Disputes Tribunal
29 of 1977
Labour law - Termination of employment — Dismissal.
By letter dated 1st September, 1977, the honourable Minister of Labour, in accordance with section 11, subsection 1 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement a dispute between the company and the union.
The terms of reference to the tribunal are as follows:
“To determine and settle the dispute between Homelectrix Limited (Kelvinator service department) on the one hand and the unionised workers employed by the company and represented by the Trades Union Congress of Jamaica on the other hand over the dismissals of messrs. F. Johnson, C. Robinson, R. Marriot, P.. Morrison and L. Taylor”.
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. Edward Dixon — Workers' Representative
The company was represented by:
Mr. Emil George, Q.C (legal)
Mr. Herman Fennel
The trade union was represented by:
Mr. Hopeton Caven
Mr. S. Lewis
Submissions and Sittings
Both sides to the dispute submitted written briefs and made oral submissions to the tribunal between the period 21st November, 1977 and 10 th January, 1978.
(a) The tribunal finds that the dismissal of Messrs. R. Marriot, R. Morrison and L. Taylor, who were declared redundant in January, 1977, was justifiable.
(b) The tribunal finds that the dismissal of Mr. F. Johnson, on the 29th December, 1976, was unjustified and that he wishes to be reinstated. The tribunal accordingly awards that he be reinstated by Homelectrix Limited (Kelvinator service department), with effect from the date of his dismissal and that he be paid all wages due to him as from that date.
(c) The tribunal finds that C. Robinson was justifiably dismissed.
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