Homeelectrix Ltd (Kelvinator Service Department) v Trade Union Congress of Jamaica

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 31 March 1978
• Date: 31 March 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: 29 of 1977

Industrial Disputes Tribunal

Martin, C.

29 of 1977

Homeelectrix Ltd. (Kelvinator Service Department)

and

Trade Union Congress of Jamaica

Labour law - Termination of employment — Dismissal.

JUDGMENT:

1 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.

2 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”.

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. Edward Dixon — Workers' Representative

4 The company was represented by:

Mr. Emil George, Q.C (legal)

Mr. Herman Fennel

5 The trade union was represented by:

Mr. Hopeton Caven

Mr. S. Lewis

Worker /Delegate

6 Submissions and Sittings

7 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.

8 Award

• (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.